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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Supported Residential Services (Private
Proprietors) Bill 2010
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
3 Definitions 2
4 Meaning of prohibited transaction 9
5 Meaning of supported residential service 10
PART 2--OBJECTIVE, PRINCIPLES AND RESIDENTS'
RIGHTS 12
6 Objective of Act 12
7 Principles 12
8 Reasonable restrictions 13
PART 3--REGISTRATION OF SUPPORTED RESIDENTIAL
SERVICES 14
Division 1--Offences 14
9 Offence to operate unregistered supported residential service 14
10 Offence to operate supported residential service if person is
not the holder of a certificate of registration 14
11 Offence to contravene condition of registration 14
12 Offences to provide excess beds or accommodation 15
13 Offence to alter or extend premises without Secretary's
approval 15
Division 2--Registration of a supported residential service 16
14 Application for registration 16
15 Decision on application for registration 16
16 Notification of decision regarding registration 18
17 Issue of certificate of registration 18
18 Display of certificate of registration 19
19 Duration of registration of supported residential services 19
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Division 3--Variation of registration 19
20 Application for variation of registration 19
21 Decision on application for variation of registration 20
22 Notification of decision regarding application for variation of
registration 20
23 Secretary may vary registration 21
24 Notification of decision on application for variation 21
Division 4--Alterations or extensions 22
25 Application for approval of alterations or extensions 22
26 Decision on application for approval of alterations or
extensions 22
27 Completed works require variation of registration 23
Division 5--Cancellation of registration 23
28 Cancellation of registration by proprietor 23
29 Cancellation of registration by Secretary 24
Division 6--Changes in directors and officers 25
30 Ceasing to be director or officer of proprietor which is a body
corporate 25
31 Appointment of new director or officer of proprietor which is
a body corporate 25
32 Secretary to decide suitability of new directors and officers 26
33 Notification of decision 26
34 Offence to operate supported residential service with
unapproved director or officer of body corporate proprietor 27
35 Death or loss of capacity of sole proprietor 27
Division 7--Registration statements 29
36 Secretary may request registration statements 29
37 Proprietor must provide registration statement within 28 days 30
38 Consideration of registration statement 30
Division 8--Register 31
39 Register of supported residential services 31
40 Inspection of register of supported residential services 32
Division 9--General 32
41 Secretary may require further information 32
42 Applications withdrawn in certain circumstances 32
43 New certificate of registration to be issued in certain
circumstances 33
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Clause Page
PART 4--OPERATION OF SUPPORTED RESIDENTIAL
SERVICES 34
Division 1--Information for prospective residents and new resident
contact information 34
44 Information for prospective residents 34
45 Person nominated 34
46 Details of resident's guardian or resident's administrator to be
recorded 35
Division 2--Residential and services agreements 36
47 Preparation and copies of residential and services agreements 36
48 Changes to residential and services agreements 37
49 Residential and services agreement not to be inconsistent with
Act 37
50 Residential and services agreement to be signed by
resident etc. 38
51 Termination by agreement 38
52 Termination after order to vacate is made 38
53 Termination on death or abandonment 38
54 Termination on moving out 39
55 Termination with consent 39
Division 3--Support plans 40
56 Interim support plan 40
57 Resident's on-going support plan 41
58 Notification of certain matters to person nominated 43
Division 4--Health and support standards and offences 44
59 Accommodation and personal support standards 44
60 Offence not to monitor health care issues 45
61 Offence not to monitor personal support issues 45
62 Enquiries, assessment and further care 46
Division 5--Medication 47
63 Medication of residents 47
Division 6--Staffing 48
64 Minimum staff requirement 48
65 Offence to employ unsuitable persons 49
66 Requirement for criminal record checks of staff 49
67 Requirement to employ manager 49
68 Requirement to apply to Secretary for approval of manager 50
69 Further information 50
70 Decision on application for approval of manager 51
71 Notification of decision about approval of manager 51
72 Secretary may cancel approval of manager 52
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73 Effect of approval or disapproval of manager 52
74 Acting manager 53
Division 7--Complaints 54
75 Procedures for resident complaints 54
Division 8--Reporting and records 55
76 Requirement to keep prescribed records 55
77 Records and reporting of prescribed reportable incidents 56
78 Proprietor to keep records for 7 years 57
PART 5--MONEY AND PROPERTY OF RESIDENTS 58
Division 1--Money of residents 58
79 Management or control of resident's money by proprietor 58
80 Records of expenditure to be kept 58
81 Statements and access to records 59
82 Proprietor may give directions relating to resident's money 60
83 Proprietor or close associate not to be person nominated 61
Division 2--Prohibited transactions and reportable transactions 62
84 Proprietor or close associate not to enter into prohibited
transactions 62
85 Reportable transactions 63
86 Cooling off period 64
87 Remedies 64
88 Proprietor to notify Secretary of offences 65
Division 3--Fees, charges and security deposits 66
89 Offence to request certain payments 66
90 Offence to request or accept security deposit that exceeds a
specified amount 67
91 Offence to request or accept fees in advance that exceed a
specified amount 68
92 Offence to request or accept reservation fee that exceeds a
specified amount 68
93 Offence to request or accept establishment fees that exceed a
specified amount 69
94 Offence not to provide prescribed statement in respect of
fees etc. 70
95 Offence not to put money into trust account 70
96 Records of money held in trust account 71
97 Fees etc. to remain in trust until required 71
98 Retention of security deposit by proprietor 72
99 Offence not to return security deposit within 14 days 73
100 Condition report 73
101 Condition report is evidence of state of repair 74
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102 Statement relating to use of reservation fees 75
103 Proprietor must explain fees and charges to resident 75
104 Reservation fees must be applied or refunded 76
105 Application to VCAT for refund of security deposit etc. 76
106 VCAT orders 77
PART 6--NOTICES TO VACATE 78
Division 1--General 78
107 Contents of notice to vacate 78
108 Giving of notice to vacate 78
Division 2--Notice to vacate given by proprietor 78
109 Proprietor proposes to cease carrying on the supported
residential service 78
110 Resident endangers safety of other persons 79
111 Non-payment of fees 79
112 Use of supported residential service for illegal purpose 79
113 Repairs or demolition 80
114 Resident in need of more health care than available 80
115 Resident in need of more personal support than available 81
116 Serious damage 81
117 Serious interruption to quiet and peaceful enjoyment 82
118 Offence not to provide proper notice 82
Division 3--Notice by resident 83
119 Notice of resident's intention to vacate supported residential
service 83
120 Offence to require more than 28 days notice of intention to
leave supported residential service 84
Division 4--Enforcement 84
121 Resident may apply to VCAT 84
122 What can VCAT order? 85
123 Application by proprietor for order to vacate 85
124 Time for application for order to vacate 85
125 VCAT must make order to vacate in certain circumstances 86
126 Application for order to vacate to be dismissed or adjourned in
certain circumstances 87
127 Order to vacate not to be made in certain circumstances 87
128 Contents of an order to vacate 88
129 Issue of warrant to remove resident 88
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Clause Page
PART 7--MONITORING AND ENFORCEMENT 90
Division 1--Authorised officers 90
130 Secretary may appoint authorised officers 90
131 Identity cards 90
132 Directions 91
133 Production of identity card 91
Division 2--Powers of entry 91
134 Power to enter--monitoring compliance 91
135 Power to enter unregistered premises with consent 92
136 Entry to unregistered premises--search warrant 92
137 Investigating an offence--search warrant 93
138 Search warrants--general 95
Division 3--Procedure for entry 95
139 Announcement before exercising power of entry 95
140 Notice required if power of entry exercised without proprietor
or occupier being present 95
141 Announcement before entry on warrant 96
142 Copy of warrant to be given to occupier 96
Division 4--Powers after entry 97
143 General powers of authorised officers 97
144 Power to direct persons to produce documents, operate
equipment or answer questions 98
145 Authorised officers to give receipts for seized things and
samples taken 99
146 Copies of seized documents 100
147 Retention and return of seized documents or things 100
148 Magistrates' Court may extend 3 month period 100
149 Court may order destruction of seized documents or things 101
150 Protection against self-incrimination 102
151 Police assistance 103
Division 5--Offences and complaints 103
152 Offence to obstruct or hinder 103
153 Offence to impersonate authorised officer 103
154 Complaints 103
Division 6--Infringements 104
155 Infringement notice 104
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PART 8--FURTHER ENFORCEMENT PROVISIONS 105
Division 1--Undertakings 105
156 Undertakings 105
157 Compliance with and effect of undertaking 105
158 Proprietor to display undertaking 106
159 Secretary may maintain list of undertakings 106
Division 2--Compliance notices 107
160 Secretary may issue compliance notice 107
161 Content of compliance notice 107
162 Proprietor must comply with compliance notice 108
163 Proprietor must display compliance notice 108
164 Compliance with and effect of compliance notice 109
165 Secretary may maintain list of compliance notices 109
Division 3--Censure, suspension and revocation 110
166 Censure 110
167 Suspension of admissions 111
168 Revocation of registration 113
Division 4--Appointment of an administrator 115
169 Displacement of other laws--appointment of administrator 115
170 Minister may appoint administrator of supported residential
service 115
171 Period of appointment 117
172 Functions and powers of administrator 117
173 Financially unviable supported residential service 120
174 Proprietor to pay Secretary costs incurred by appointment of
administrator 121
175 Additional matters--failure to appoint manager in accordance
with Act 121
176 Offence to remove equipment or other property 122
177 Offence to hinder and obstruct administrator 122
178 Disposal of interests 122
179 Entering or exercising rights under contracts 123
180 Issuing notices to vacate to residents 124
181 Compensation 124
PART 9--COMMUNITY VISITORS 126
182 Appointment of community visitors 126
183 Terms and conditions of appointment 126
184 Functions of a community visitor 127
185 Panels 127
186 Visiting supported residential services 127
187 Powers of community visitors 128
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188 Offence to unreasonably refuse assistance 128
189 Offence not to give full and true answers 129
190 Offence to assault, obstruct or threaten community visitor 129
191 Request to see a community visitor 129
192 Record of visits 129
193 Community (Residential Services) Visitors Board 130
194 Reports 130
195 Annual report of community visitors 131
196 Secrecy 131
PART 10--GENERAL 133
197 Power to bring proceedings 133
198 Extension of time limit for proceedings for certain offences 133
199 False and misleading statements 133
200 Damaging or destroying documents etc. 134
201 Offences by corporations and partnerships etc. 134
202 Evidentiary matters 135
203 Service of notices and other documents 135
204 Delegation 136
205 Functions and duties of Secretary 137
206 Review of decisions 137
207 Regulations 139
PART 11--TRANSITIONAL PROVISIONS AND
CONSEQUENTIAL AMENDMENTS 143
Division 1--Transitional provisions 143
208 Interpretation of Legislation Act 1984 143
209 Supported residential services registered under Health
Services Act 1988 before commencement 143
210 Pre-commencement applications 145
211 Administrators 146
212 Disciplinary action 146
213 Community visitors 146
214 Community (Residential Services) Visitors Board 147
215 Authorised officers 148
216 Prescribed statement to be given in respect of fees received
before commencement of Act 149
217 Proprietor to put money received before commencement of
this Act into trust account after that commencement 149
218 Regulations dealing with transitional matters 149
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Division 2--Amendments to the Health Services Act 1988 150
219 Definitions 150
220 Designated public hospital 151
221 Principles applying to hostels, nursing homes and supported
residential services 151
222 Hospital must comply with directions of Secretary 151
223 Criteria for grant of approval in principle 152
224 Criteria for registration 152
225 Criteria for renewal of registration 152
226 Repeal of provisions dealing with supported residential
services 152
Division 3--Amendments to other Acts 153
227 Definitions--section 50 of the Crimes Act 1958 153
228 Heading to section 52 of the Crimes Act 1958 amended 153
229 Guardianship and Administration Act 1986 154
230 Land Tax Act 2005 154
231 Residential Tenancies Act 1997 155
232 Tobacco Act 1987 155
233 Transport Accident Act 1986 155
Division 4--Repeal of amending provisions 156
234 Repeal of Divisions 2 and 3 156
ENDNOTES 157
561378B.I-9/6/2010 ix BILL LA INTRODUCTION 9/6/2010
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Supported Residential Services (Private
Proprietors) Bill 2010
A Bill for an Act to regulate private supported residential services, to
make consequential amendments to the Health Services Act 1988 and
several other Acts and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The main purposes of this Act are--
(a) to provide for a registration regime for
5 private supported residential services in
Victoria;
(b) to provide for minimum standards of
accommodation and personal support
provided to residents of private supported
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Part 1--Preliminary
s. 2
residential services for their care and well-
being;
(c) to provide appropriate enforcement
mechanisms to give effect to the standards of
5 accommodation and personal support, and
obligations on proprietors, and the principles
on which they are based;
(d) to make consequential amendments to the
Health Services Act 1988 and other Acts.
10 2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 July 2012, it comes into
15 operation on that day.
3 Definitions
(1) In this Act--
application for approval of alterations or
extensions means an application made under
20 section 25;
application for cancellation of registration means
an application made under section 28;
application for registration means an application
made under section 14;
25 application for variation of registration means an
application made under section 20;
approved manager means a person approved by
the Secretary as a manager of a supported
residential service under section 70;
30 authorised officer means a person appointed
under section 130;
certificate of registration means a certificate
issued under section 17;
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close associate, in relation to a proprietor,
means--
(a) if the proprietor is a natural person--
(i) the spouse, domestic partner,
5 parent, child or sibling of the
proprietor; or
(ii) the parent, child or sibling of the
spouse or domestic partner of the
proprietor; or
10 (iii) a body corporate of which the
proprietor is a director or
secretary;
(b) if the proprietor is a body corporate--
(i) a director or secretary of the body
15 corporate or of a related body
corporate; or
(ii) the spouse, domestic partner,
parent, child or sibling of a person
referred to in subparagraph (i); or
20 (iii) the parent, child or sibling of the
spouse or domestic partner of a
person referred to in subparagraph
(i); or
(iv) a related body corporate;
25 (c) in either case referred to in paragraph
(a) or (b), an agent or employee of the
proprietor;
community visitor means a person appointed
under section 182;
30 compliance notice means a notice issued under
section 160;
condition report means a report required under
section 100(1);
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Department means the Department of Health;
Note
See also section 38AAA of the Interpretation of
Legislation Act 1984.
5 designated public hospital has the same meaning
as it has in the Health Services Act 1988;
establishment fee means a fee to cover the costs
of assessing a resident's needs and preparing
a support plan;
10 interim support plan means a plan prepared under
section 56(1);
money of a resident does not include money paid
to the proprietor of the service on account of
fees and expenses payable by the resident for
15 accommodation or services provided by the
proprietor;
nearest relative in relation to a person means--
(a) the spouse or domestic partner of that
person; or
20 (b) if that person does not have a spouse or
domestic partner, the relative of that
person first listed in the following
subparagraphs who has attained the age
of 18 years, the elder or eldest of 2 or
25 more relatives described in any
subparagraph being preferred to either
or any of those relatives regardless of
sex--
(i) son or daughter;
30 (ii) father or mother;
(iii) brother or sister;
(iv) grandfather or grandmother;
(v) grandson or granddaughter;
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(vi) uncle or aunt;
(vii) nephew or niece;
order to vacate means an order requiring a
resident to vacate a supported residential
5 service;
person includes an unincorporated association, a
firm and a partnership;
person nominated means the person nominated
by the resident to receive information
10 relating to the resident's accommodation and
personal support received at the supported
residential service;
personal support means the provision of one or
more of the following--
15 (a) assistance with personal hygiene,
toileting or dressing;
(b) assistance to achieve and maintain
mobility;
(c) support to seek out and maintain
20 contact with health professionals, social
networks, family, friends and the
community;
(d) emotional wellbeing support;
(e) assistance with or supervision in
25 administering medication;
(f) assistance with eating and maintaining
adequate nutrition;
prohibited transaction has the meaning given in
section 4;
30 proprietor means a person who is the owner of the
business or undertaking providing
accommodation and support at the premises
of a supported residential service;
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Public Advocate has the same meaning as it has in
the Guardianship and Administration Act
1986;
register means the register established and
5 maintained under section 39;
registered medical practitioner means a person
registered under the Health Practitioner
National Law to practise in the medical
profession (other than as a student);
10 registration means registration as a supported
residential service under Division 2 of Part 3;
registration criteria means the criteria specified in
section 15(2);
registration statement means a statement
15 requested under section 36;
related body corporate has the same meaning as
in the Corporations Act;
reportable transaction means any transaction
between a proprietor, or a close associate of
20 a proprietor, and a resident of the supported
residential service that involves real or
personal property the value of which exceeds
the prescribed amount, other than a
transaction at market value that relates only
25 to the provision of accommodation or special
or personal support to the resident in
accordance with this Act;
reservation fee means a fee to reserve a place at a
supported residential service;
30 resident means a person who receives personal
support and accommodation at a supported
residential service and includes, in relation to
a designated public hospital, a public
hospital patient who is a resident of that
35 hospital;
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residential and services agreement means the
agreement required under section 47(1);
resident's administrator means--
(a) the resident's attorney appointed under
5 a power of attorney or an enduring
power of attorney to administer the
resident's property; or
(b) a person appointed by a court or
tribunal as the administrator of the
10 resident's property;
resident's guardian means the resident's guardian
appointed--
(a) under the Guardianship and
Administration Act 1986; or
15 (b) by a court;
resident's on-going support plan means a plan
prepared under section 57;
security deposit means an amount of money paid
in advance by a resident to a proprietor to
20 cover potential losses that the proprietor may
suffer as a result of--
(a) the resident or the resident's visitor
causing damage to the supported
residential service; or
25 (b) a failure to pay fees;
short-term accommodation means
accommodation for not more than
3 consecutive months in total;
spouse of a person means the person to whom the
30 person is married;
supported residential service has the meaning
given in section 5;
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undertaking means an undertaking given under
section 156.
(2) In this Act, domestic partner of a person means--
(a) a person who is in a registered relationship
5 with the person; or
(b) an adult person to whom the person is not
married but with whom the person is in a
relationship as a couple where one or each of
them provides personal or financial
10 commitment and support of a domestic
nature for the material benefit of the other,
irrespective of their genders and whether or
not they are living under the same roof, but
does not include a person who provides
15 domestic support and personal care to the
person--
(i) for fee or reward; or
(ii) on behalf of another person or an
organisation (including a government
20 or government agency, a body
corporate or a charitable or benevolent
organisation).
(3) For the purposes of the definition of domestic
partner in subsection (2)--
25 (a) registered relationship has the same
meaning as it has in the Relationships Act
2008; and
(b) in determining whether persons who are not
in a registered relationship are domestic
30 partners of each other, all the circumstances
of their relationship are to be taken into
account, including any one or more of the
matters referred to in section 35(2) of the
Relationships Act 2008 as may be relevant
35 in a particular case; and
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(c) a person is not a domestic partner of another
person only because they are co-tenants.
4 Meaning of prohibited transaction
(1) A prohibited transaction means any of the
5 following--
(a) a gift from a resident, other than a gift the
value of which is less than the prescribed
amount;
(b) a transfer, by way of sale or exchange, of
10 real or personal property from a resident for
less than market value;
(c) a sale of real or personal property to a
resident for more than market value;
(d) subject to subsection (2), a transaction with a
15 resident, other than a transaction referred to
in paragraphs (a) to (c), the value of which
exceeds the prescribed amount that is not
evidenced in a written agreement signed by
the parties;
20 (e) subject to subsection (2), a transaction with a
resident, other than a transaction referred to
in paragraphs (a) to (c), the value of which
exceeds the prescribed amount in relation to
which the resident or the resident's
25 administrator has not obtained independent
financial or legal advice.
(2) A transaction referred to in subsection (1)(d)
or (1)(e) is not a prohibited transaction if--
(a) the transaction relates only to the provision
30 of accommodation or personal support to a
resident of a supported residential service in
accordance with this Act; or
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s. 5
(b) the resident gains a benefit or advantage
(financial or otherwise), or does not suffer a
financial detriment, from the transaction and
the proprietor or close associate of the
5 proprietor does not gain a benefit or
advantage (financial or otherwise) from the
transaction.
5 Meaning of supported residential service
(1) A supported residential service means a premises
10 where accommodation and personal support are
privately provided or offered to residents for a fee
or reward, whether or not registered under this
Act, but does not include--
(a) residential premises where accommodation
15 and personal support or nursing care, or both,
are provided to a person in respect of whom
a residential care subsidy is payable under an
Act of the Commonwealth;
(b) premises used for residential services within
20 the meaning of the Disability Act 2006;
(c) premises used for an approved mental health
service within the meaning of the Mental
Health Act 1986;
(d) premises used for secure welfare services or
25 out of home care services within the meaning
of the Children, Youth and Families Act
2005;
(e) premises in which accommodation and
personal support is provided to all residents
30 under a funding and service agreement with
the State or the Commonwealth or a public
body where that agreement specifies
requirements or standards for the provision
of care;
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(f) premises that are recorded in the register
kept under section 38J of the Retirement
Villages Act 1986 and which satisfy the
requirements of section 38L of that Act.
5 Note
See transitional arrangements in section 209(4) and
(5).
(2) In Division 2 of Part 4 and Part 9, supported
residential service includes a designated public
10 hospital.
__________________
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Supported Residential Services (Private Proprietors) Bill 2010
Part 2--Objective, Principles and Residents' Rights
s. 6
PART 2--OBJECTIVE, PRINCIPLES AND RESIDENTS'
RIGHTS
6 Objective of Act
The objective of this Act is to protect the safety
5 and wellbeing of residents living in private
supported residential services.
7 Principles
(1) Residents of supported residential services have
the same rights and responsibilities as other
10 members of the community and should be
empowered to exercise those rights and
responsibilities.
(2) For the purposes of subsection (1), the following
principles apply--
15 (a) the individual rights of residents should be
respected by recognising a resident's right
to--
(i) privacy; and
(ii) freedom of expression; and
20 (iii) fair and equal treatment; and
(iv) dignity and respect; and
(v) freedom from abuse, neglect or
exploitation;
(b) proprietors should support residents to live
25 as independently as possible by--
(i) recognising the resident's right to make
decisions, provided those decisions do
not unreasonably affect the rights of
others; and
30 (ii) supporting them to participate in
decisions regarding the services they
receive; and
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s. 8
(iii) allowing them the right to choose their
service providers; and
(iv) recognising their right to participate in
activities involving a degree of risk;
5 (c) proprietors should support residents as far as
possible by--
(i) providing residents with information
that will assist in decision making; and
(ii) facilitating access to activities;
10 (d) proprietors should provide safe and
comfortable surroundings and ensure that
support services take account of the needs of
individual residents as far as possible.
(3) For the purposes of administering this Act and for
15 the provision of services to residents of supported
residential services, this Act is to be interpreted,
so far as possible, in a manner gives effect to the
principles specified in subsection (2).
8 Reasonable restrictions
20 If a restriction on the rights of any resident set out
in the principles in section 7 is necessary, and
more than one option is available in implementing
that restriction, the option chosen must be that
which is the least restrictive of the resident's rights
25 in the circumstances.
__________________
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Supported Residential Services (Private Proprietors) Bill 2010
Part 3--Registration of Supported Residential Services
s. 9
PART 3--REGISTRATION OF SUPPORTED RESIDENTIAL
SERVICES
Division 1--Offences
9 Offence to operate unregistered supported
5 residential service
A person must not operate a supported residential
service if the supported residential service is not
registered under this Act.
Penalty: 240 penalty units, in the case of a
10 natural person;
1200 penalty units, in the case of a
body corporate.
10 Offence to operate supported residential service if
person is not the holder of a certificate of
15 registration
A person must not operate a supported residential
service if the person is not the holder for the time
being of a certificate of registration for the
supported residential service.
20 Penalty: 240 penalty units, in the case of a
natural person;
1200 penalty units, in the case of a
body corporate.
11 Offence to contravene condition of registration
25 A proprietor must not contravene a condition to
which the registration of the supported residential
service is subject.
Penalty: 120 penalty units, in the case of a
natural person;
30 600 penalty units, in the case of a body
corporate.
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12 Offences to provide excess beds or accommodation
(1) A proprietor must not provide in the supported
residential service more beds than the number of
beds for which the supported residential service is
5 registered.
Penalty: 120 penalty units, in the case of a
natural person;
600 penalty units, in the case of a body
corporate.
10 (2) A proprietor must not provide accommodation in
the supported residential service for more persons
than the number of beds for which the supported
residential service is registered.
Penalty: 120 penalty units, in the case of a
15 natural person;
600 penalty units, in the case of a body
corporate.
13 Offence to alter or extend premises without
Secretary's approval
20 A proprietor must not carry out any alterations or
extensions of the premises of a supported
residential service without the approval of the
Secretary under section 26.
Penalty: 120 penalty units, in the case of a
25 natural person;
600 penalty units, in the case of a body
corporate.
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Division 2--Registration of a supported residential service
14 Application for registration
(1) A person who intends to be the proprietor of a
supported residential service may apply to the
5 Secretary for registration of premises as a
supported residential service.
(2) An application for registration must--
(a) contain the prescribed information; and
(b) be accompanied by the prescribed fee (if
10 any); and
(c) be accompanied by the prescribed documents
(if any).
15 Decision on application for registration
(1) On receiving an application for registration, the
15 Secretary must--
(a) register the premises to which the application
relates as a registered supported residential
service (whether or not subject to
conditions); or
20 (b) refuse to register the premises to which the
application relates.
(2) In making a decision under subsection (1), the
Secretary must consider--
(a) whether the building and site are suitable for
25 use as a supported residential service;
Example
A building that was built with resident mobility in
mind and has services such as transport nearby that
residents may require.
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(b) whether the applicant has obtained the
appropriate permits, or shown proof that the
appropriate permits were obtained, to use the
facility as a supported residential service;
5 Example
Building permits and planning permits.
(c) whether the applicant, or each director and
other officer of an applicant which is a body
corporate who exercises control over the
10 body corporate, has the relevant skills and
knowledge to operate a supported residential
service;
Examples
Skills include business skills. Knowledge includes
15 knowledge of this Act and previous experience in a
relevant industry.
(d) whether the applicant has the financial
capacity to operate a supported residential
service;
20 (e) whether the applicant has the relevant
arrangements in place to operate a supported
residential service;
Examples
Rostering arrangements or a staff recruitment plan.
25 (f) whether or not the applicant is, or each
director and other officer of an applicant
which is a body corporate who exercises
control over the body corporate are,
otherwise a suitable person to carry on,
30 exercise control over or manage a supported
residential service;
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(g) in the case of an applicant who is required to
employ a manager of the supported
residential service under section 67 that--
(i) an application to approve a manager
5 has been made; and
(ii) the manager has been approved in
accordance with this Act.
16 Notification of decision regarding registration
The Secretary must notify the applicant of his or
10 her decision on the application for registration
within the later of--
(a) 60 days after receiving the application for
registration, being an application in
accordance with the requirements of
15 section 14; or
(b) if the Secretary has requested the applicant to
give further information under Division 9,
28 days after the information last requested
is given to the Secretary.
20 17 Issue of certificate of registration
If the Secretary registers premises as a supported
residential service, the Secretary must issue a
certificate of registration stating--
(a) the name of the proprietor of the supported
25 residential service; and
(b) the address of the supported residential
service; and
(c) any conditions to which the registration is
subject; and
30 (d) the number of beds to which the registration
relates.
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18 Display of certificate of registration
A proprietor must cause the current certificate of
registration to be displayed in a conspicuous place
on the premises of the supported residential
5 service in a manner that invites public attention.
Penalty: 10 penalty units, in the case of a natural
person;
50 penalty units, in the case of a body
corporate.
10 19 Duration of registration of supported residential
services
Registration as a supported residential service
remains in force until the registration is revoked
or cancelled in accordance with this Act.
15 Division 3--Variation of registration
20 Application for variation of registration
(1) A proprietor who intends to increase the number
of beds to which the registration relates must first
apply to the Secretary for a variation of the
20 registration of the supported residential service.
(2) A proprietor who seeks the variation of any
condition to which the registration of the
supported residential service is subject must apply
to the Secretary for a variation of the registration.
25 (3) An application for variation of registration must--
(a) include the prescribed information;
(b) be accompanied by the prescribed fee (if
any);
(c) be accompanied by the prescribed
30 documents.
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(4) An applicant for variation of registration must--
(a) at the time of making the application, give
notice in writing of the application to any
other person who has an interest in the land
5 as registered proprietor or landlord;
(b) give to the Secretary any further information
relating to the application that the Secretary
requests under Division 9 within the time
specified in the request.
10 21 Decision on application for variation of registration
(1) On receiving an application for variation of
registration, the Secretary must--
(a) approve the application, whether or not
subject to conditions; or
15 (b) refuse the application.
(2) In making a decision under subsection (1), the
Secretary must consider--
(a) the relevant registration criteria;
(b) in the case of an application under section
20 20(1), whether the proprietor has the relevant
operating arrangements in place to operate
the supported residential service with a
higher number of residents;
(c) in the case of an application under section
25 20(2), whether there is an appropriate ground
for varying the condition of the registration.
22 Notification of decision regarding application for
variation of registration
The Secretary must notify the applicant of his or
30 her decision on an application for variation of
registration within the later of--
(a) 60 days after receiving the application for
variation of registration; or
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(b) if the Secretary has requested the applicant to
give further information under Division 9,
28 days after the information last requested
is given to the Secretary.
5 23 Secretary may vary registration
(1) The Secretary may vary the registration of a
supported residential service if the Secretary
considers that the registration should be varied
by--
10 (a) altering the number of beds for which it is
registered; or
(b) imposing a condition on, or amending or
removing an existing condition of, that
supported residential service.
15 (2) Before exercising a power under subsection (1),
the Secretary must give notice to the proprietor.
(3) After receiving notification under subsection (2),
the proprietor may make submissions or
objections to the Secretary on the proposed
20 variation within 28 days of that notification.
(4) The Secretary must consider any submission
received under subsection (3) before making a
decision to vary the registration.
24 Notification of decision on application for variation
25 The Secretary must notify the proprietor of the
Secretary's decision to vary the registration--
(a) if no submissions are received from the
proprietor under section 23(3), within
28 days after giving notice to the proprietor
30 under section 23(2); or
(b) if the proprietor makes a submission in
accordance with section 23(3), within
28 days after the Secretary receives the
submission.
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Division 4--Alterations or extensions
25 Application for approval of alterations or extensions
(1) A proprietor who intends to undertake alterations
of, or extensions to, the premises of the supported
5 residential service must first apply to the Secretary
for approval of the proposed alterations or
extensions if the alterations or extensions would
result in either of the following--
(a) an increase in the number of beds; or
10 (b) a foreseeable threat to the safety of residents
or a significant disruption to residents.
(2) An application for approval of alterations or
extensions must be accompanied by--
(a) the prescribed fee (if any);
15 (b) the prescribed information;
(c) the prescribed documents (if any).
(3) An applicant for approval of alterations or
extensions must--
(a) at the time of making the application, give
20 notice in writing of the application to any
other person who has an interest in the land
as registered proprietor or landlord;
(b) give to the Secretary any further information
relating to the application that the Secretary
25 requests under Division 9 within the time
specified in the request.
26 Decision on application for approval of alterations
or extensions
(1) On receiving an application for approval of
30 alterations or extensions, the Secretary must--
(a) approve the alterations or extensions
(whether or not subject to conditions); or
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(b) refuse to approve the alterations or
extensions.
(2) In making a decision on an application for
approval of alterations or extensions, the Secretary
5 must consider--
(a) any relevant registration criteria;
(b) whether the proprietor has obtained
appropriate permits for the building to be
altered or extended;
10 (c) whether suitable arrangements are in place
for residents during the building works.
(3) The Secretary must notify the applicant of the
Secretary's decision on the application for
approval of alterations or extensions within the
15 later of--
(a) 60 days after receiving the application for
approval of alterations or extensions; or
(b) if the Secretary has requested the applicant to
give further information under Division 9,
20 28 days after the information last requested
is given to the Secretary.
27 Completed works require variation of registration
On the completion of works to which an approval
for alterations or extensions applied, the proprietor
25 must apply to the Secretary in accordance with
Division 3 for a variation of registration to ensure
that the registration of the supported residential
service reflects any changes made by those works.
Division 5--Cancellation of registration
30 28 Cancellation of registration by proprietor
(1) A proprietor may apply to the Secretary to cancel
the registration of the supported residential
service.
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(2) At the time of making the application for
cancellation of registration, the applicant must
give notice in writing of the application to any
other person who has an interest in the land as
5 registered proprietor or landlord.
(3) On receipt of an application for cancellation of
registration, the Secretary must cancel the
registration of the supported residential service.
29 Cancellation of registration by Secretary
10 (1) If the Secretary is satisfied that the premises to
which a registration relates are no longer being
used as a supported residential service, the
Secretary must give notice to the proprietor--
(a) that the Secretary intends to cancel the
15 registration at the end of a period of not less
than 28 days specified in that notice; and
(b) that the Secretary will consider any written
submissions from the proprietor about the
intended cancellation that are provided to the
20 Secretary within 28 days of the date of the
notice.
(2) After considering any submissions provided by
the proprietor in accordance with
subsection (1)(b), or if no submissions are
25 received, the Secretary must--
(a) decide whether to cancel the registration of
the supported residential service; and
(b) provide notice in writing to the proprietor of
the supported residential service of the
30 decision.
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Division 6--Changes in directors and officers
30 Ceasing to be director or officer of proprietor which
is a body corporate
Subject to section 35, if a person ceases to be a
5 director or other officer of a proprietor of a
supported residential service that is a body
corporate, the proprietor must notify the Secretary
of that fact within 7 days of that person ceasing to
be a director or officer.
10 Penalty: 10 penalty units, in the case of a natural
person;
50 penalty units, in the case of a body
corporate.
31 Appointment of new director or officer of
15 proprietor which is a body corporate
(1) If a person is appointed as a director or other
officer of the proprietor of a supported residential
service that is a body corporate, the proprietor
must apply to the Secretary within 7 days of the
20 appointment for approval of that person as a
suitable person to carry on, exercise control over
or manage a supported residential service.
(2) An application under subsection (1) must--
(a) include the prescribed information; and
25 (b) be accompanied by the prescribed fee (if
any); and
(c) be accompanied by the prescribed
documents.
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(3) The proprietor must give the Secretary any further
information relating to the application under
subsection (1) that the Secretary requests under
Division 9 by the date specified in the request.
5 32 Secretary to decide suitability of new directors and
officers
(1) The Secretary must decide whether or not a
person who is appointed as a director or other
officer of a proprietor which is a body corporate,
10 as notified under section 31, is a suitable person to
carry on, exercise control over or manage a
supported residential service.
(2) In making a decision under subsection (1), the
Secretary must consider--
15 (a) whether the person has the relevant skills and
knowledge to operate a supported residential
service;
(b) whether the person is otherwise a suitable
person to carry on, exercise control over or
20 manage the supported residential service.
33 Notification of decision
The Secretary must notify the applicant of the
Secretary's decision under section 32 within the
later of--
25 (a) 60 days after receiving the notification under
section 31; or
(b) if the Secretary has requested the applicant to
give further information under Division 9,
28 days after the information last requested
30 is given to the Secretary.
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34 Offence to operate supported residential service
with unapproved director or officer of body
corporate proprietor
A proprietor which is a body corporate must not
5 operate the supported residential service unless
each director and each officer of that proprietor
has been approved in accordance with this
Division.
Penalty: 10 penalty units, in the case of a natural
10 person;
50 penalty units, in the case of a body
corporate.
35 Death or loss of capacity of sole proprietor
(1) This section applies if the proprietor of a
15 supported residential service--
(a) is a natural person who--
(i) dies; or
(ii) becomes a represented person within
the meaning of the Guardianship and
20 Administration Act 1986; or
(b) is a body corporate having only a sole
director, or a sole secretary, who is also the
sole shareholder, and that director or
secretary--
25 (i) dies; or
(ii) becomes a represented person within
the meaning of the Guardianship and
Administration Act 1986.
(2) The following persons may apply to the Secretary
30 to carry on the supported residential service for a
limited time in accordance with this section--
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(a) a person who is, or intends to become, the
legal personal representative or executor of
the deceased proprietor; or
(b) the guardian or administrator of the
5 proprietor who is a represented person within
the meaning of the Guardianship and
Administration Act 1986.
(3) An application under subsection (2) may be
made--
10 (a) within 60 days after the death or the person
becoming a represented person, as the case
requires; or
(b) any longer period that the Secretary allows.
(4) An application under subsection (2) must--
15 (a) contain the prescribed information; and
(b) be accompanied by the prescribed fee (if
any); and
(c) be accompanied by the prescribed documents
(if any).
20 (5) The Secretary must approve an application under
this section unless the Secretary has any reason to
believe that if the applicant, or if more than one
applicant, any of the applicants, were to make an
application for registration, the Secretary would
25 refuse the application.
(6) On approving an application under this section,
the applicant may carry on the supported
residential service as the proprietor in accordance
with this Act--
30 (a) in the case of a deceased proprietor, until the
expiration of the period of one year after the
death; or
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(b) in the case of a represented person, for the
period specified in the approval by the
Secretary.
(7) An approval under this section--
5 (a) has effect as a variation of the registration
and of the certificate of registration for the
period to which the approval relates; and
(b) may be subject to any conditions that the
Secretary considers appropriate.
10 Division 7--Registration statements
36 Secretary may request registration statements
(1) For the purposes of considering whether the
registration of a supported residential service
should remain in force, the Secretary may request
15 the proprietor to give to the Secretary a
registration statement.
(2) A request under subsection (1)--
(a) may be made at any time;
(b) must be in writing.
20 (3) A registration statement must contain the
prescribed information.
(4) The Secretary may request a proprietor who has
given a registration statement to provide any
further information in relation to the registration
25 statement that the Secretary requires.
(5) An applicant must provide any information
requested by the Secretary under subsection (4) by
the date stated in the request.
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37 Proprietor must provide registration statement
within 28 days
The proprietor must provide a registration
statement to the Secretary within 28 days of
5 receiving the request from the Secretary.
Penalty: 60 penalty units, in the case of a natural
person;
300 penalty units, in the case of a body
corporate.
10 38 Consideration of registration statement
(1) On receipt of a registration statement from a
proprietor, the Secretary--
(a) must consider the information provided in or
accompanying the registration statement; and
15 (b) must determine, as appropriate, whether the
proprietor and the supported residential
service each continues to meet the
registration criteria.
(2) After considering the information provided in or
20 accompanying the registration statement--
(a) the Secretary may take any action that the
Secretary is empowered to take under this
Act in relation to a supported residential
service that the Secretary considers is
25 appropriate to take to deal with any matter
disclosed in or by the registration statement;
(b) the Secretary may recommend to the
Minister that the Minister take any action
that the Minister is empowered under this
30 Act to take in relation to a supported
residential service that is appropriate to take
to deal with any matter disclosed in or by the
registration statement.
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Division 8--Register
39 Register of supported residential services
(1) The Secretary must establish and maintain a
register of supported residential services.
5 (2) The purpose of the register is to provide a
consolidated, publicly available list of supported
residential services to inform members of the
public as to the supported residential services
available.
10 (3) The Secretary--
(a) may keep the register in any form the
Secretary thinks fit;
(b) may publish the register or any part of the
register on the Internet.
15 (4) The Secretary must cause to be recorded in the
register in respect of each supported residential
service in Victoria--
(a) the name of the supported residential service;
(b) the address of the supported residential
20 service;
(c) the name of the proprietor of the supported
residential service;
(d) in the case of a proprietor that is a body
corporate, the name of each director and
25 officer of that body corporate.
(5) The Secretary may amend, vary or remove an
entry in the register of supported residential
services at any time.
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40 Inspection of register of supported residential
services
Any person may--
(a) inspect the register of supported residential
5 services kept under section 39;
(b) make a copy of, or take extracts from, the
register of supported residential services.
Division 9--General
41 Secretary may require further information
10 (1) The Secretary may request any applicant under
this Part to provide any further information in
relation to the relevant application that the
Secretary requires in order to make a decision on
the application.
15 (2) An applicant must provide any information
requested by the Secretary under subsection (1) by
the date stated in the request.
42 Applications withdrawn in certain circumstances
(1) In respect of any application under this Part, the
20 applicant may give notice in writing to the
Secretary requiring that a decision be made if--
(a) the Secretary has made 2 or more requests
for further information; and
(b) not less than 28 days have elapsed since the
25 last request referred to in paragraph (a).
(2) If--
(a) the Secretary has made 2 or more requests
for further information; and
(b) the applicant has failed to provide the
30 requested information within 28 days after
the last request referred to in paragraph (a);
and
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(c) the applicant has not given notice to the
Secretary under subsection (1)--
the Secretary may give notice in writing to the
applicant requiring that the requests be complied
5 within 14 days after the date of the notice or the
application will be taken to have been withdrawn.
(3) An application under this Part is taken to be
withdrawn if an applicant fails to comply with a
request for further information within 14 days of
10 the date of a notice given under subsection (2).
43 New certificate of registration to be issued in certain
circumstances
If the Secretary makes a decision under this Part
that has the effect of altering the information
15 contained in a certificate of registration, the
Secretary must issue to the proprietor a new
certificate of registration that reflects those
changes.
__________________
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PART 4--OPERATION OF SUPPORTED RESIDENTIAL
SERVICES
Division 1--Information for prospective residents and new
resident contact information
5 44 Information for prospective residents
A proprietor must provide prospective residents
who seek information about the supported
residential service with a document containing
information about the prescribed matters.
10 Penalty: 10 penalty units, in the case of a natural
person;
50 penalty units, in the case of a body
corporate.
45 Person nominated
15 (1) Within 48 hours of a resident's admission to a
supported residential service, the proprietor must
ask the resident if the resident wishes to have a
person nominated.
Penalty: 10 penalty units, in the case of a natural
20 person;
50 penalty units, in the case of a body
corporate.
Note
The role of a person nominated is independent of and
25 additional to the role of any existing guardian or
administrator appointed under the Guardianship and
Administration Act 1986.
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(2) If the resident has a person nominated, the
proprietor must record the name and contact
details of the person nominated.
Penalty: 10 penalty units, in the case of a natural
5 person;
50 penalty units, in the case of a body
corporate.
(3) A proprietor must take reasonable steps to ensure
that the details referred to in subsection (2) are
10 kept up to date.
Penalty: 10 penalty units, in the case of a natural
person;
50 penalty units, in the case of a body
corporate.
15 46 Details of resident's guardian or resident's
administrator to be recorded
(1) If the resident has a resident's guardian, the
proprietor must record the name and contact
details of the resident's guardian.
20 Penalty: 10 penalty units, in the case of a natural
person;
50 penalty units, in the case of a body
corporate.
(2) If the resident has a resident's administrator, the
25 proprietor must record the name and contact
details of the resident's administrator.
Penalty: 10 penalty units, in the case of a natural
person;
50 penalty units, in the case of a body
30 corporate.
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(3) A proprietor must take reasonable steps to ensure
that the details referred to in subsection (1) or (2)
are kept up to date.
Penalty: 10 penalty units, in the case of a natural
5 person;
50 penalty units, in the case of a body
corporate.
Division 2--Residential and services agreements
47 Preparation and copies of residential and services
10 agreements
(1) Within 48 hours of a resident's admission to the
supported residential service, the proprietor must
cause to be prepared in consultation with the
resident and the person nominated (if any) a
15 written agreement in an appropriate language
containing the prescribed information of the
nature of services to be provided to that resident in
the supported residential service.
Penalty: 60 penalty units, in the case of a natural
20 person;
300 penalty units, in the case of a body
corporate.
(2) Within 48 hours of a resident's admission to a
supported residential service, the proprietor must
25 provide the resident with a copy of the residential
and services agreement in relation to that resident.
Penalty: 60 penalty units, in the case of a natural
person;
300 penalty units, in the case of a body
30 corporate.
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48 Changes to residential and services agreements
(1) Subject to subsections (2) and (3), if a proprietor
proposes to change a term of a residential and
services agreement in relation to a resident, the
5 proprietor must notify the resident of the proposed
change at least 7 days before the proposed change
is to take effect.
Penalty: 20 penalty units, in the case of a natural
person;
10 100 penalty units, in the case of a body
corporate.
(2) If a residential and services agreement provides
that any changes to that agreement are to be
notified to the resident in writing, the proprietor
15 must ensure that a written notice is provided to the
resident and the person nominated (if any).
Penalty: 20 penalty units, in the case of a natural
person;
100 penalty units, in the case of a body
20 corporate.
(3) If a change to a residential and services agreement
includes an increase in the fees that a resident is
required to pay, the proprietor must give the
resident at least 28 days notice of that change.
25 Penalty: 20 penalty units, in the case of a natural
person;
100 penalty units, in the case of a body
corporate.
49 Residential and services agreement not to be
30 inconsistent with Act
The proprietor must ensure that a residential and
services agreement does not include any
information or matters that are inconsistent with a
right or entitlement conferred, or an obligation
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imposed, on a resident by this Act or the
regulations.
Penalty: 60 penalty units, in the case of a natural
person;
5 300 penalty units, in the case of a body
corporate.
50 Residential and services agreement to be signed by
resident etc.
(1) A proprietor must provide the residential and
10 services agreement in relation to a resident to that
resident or the person nominated (if any) for
signature by the resident.
(2) A residential and services agreement that a
resident has signed must be returned to the
15 proprietor as soon as practicable after it is
received and signed.
51 Termination by agreement
A residential and services agreement terminates
when agreed by the proprietor and the resident.
20 52 Termination after order to vacate is made
(1) If a notice to vacate has been given by a
proprietor, the residential and services agreement
ends on the termination date specified in the order
to vacate (if any) made by VCAT.
25 (2) If a notice of intention to vacate has been given by
a resident, the residential and services agreement
ends on the termination date specified in the
notice of intention to vacate.
53 Termination on death or abandonment
30 (1) A residential and services agreement in respect of
a resident ends on the death of that resident.
(2) A residential and services agreement ends if the
resident abandons his or her room.
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(3) For the purposes of subsection (2), a resident
abandons his or her room if the resident leaves it
without any intention of returning and--
(a) without first giving notice of intention to
5 vacate to the proprietor; or
(b) without first obtaining the agreement of the
proprietor.
(4) For the purposes of subsection (3), a resident may
be regarded as having no intention of returning
10 if--
(a) the resident has not occupied the supported
residential service for a period of at least
14 days and has not paid any fees for that
period; or
15 (b) the resident has left the supported residential
service and in all the circumstances it would
be unreasonable to expect him or her to
return.
54 Termination on moving out
20 A residential and services agreement ends if a
resident moves out of the supported residential
service, whether or not the resident has given
notice of intention to vacate.
55 Termination with consent
25 If a resident vacates a supported residential
service with the consent of the proprietor, the
residential and services agreement ends
immediately when that resident vacates the
supported residential service.
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Division 3--Support plans
56 Interim support plan
(1) Within 48 hours after a person becomes a resident,
the proprietor must cause to be prepared in
5 relation to the resident a written document to be
called the resident's interim support plan that
includes--
(a) the immediate health and personal support
needs of the resident; and
10 (b) the services to be provided to the resident to
assist with those needs.
Penalty: 60 penalty units, in the case of a natural
person;
300 penalty units, in the case of a body
15 corporate.
(2) The proprietor must ensure that a resident's
interim support plan is carried out in accordance
with the plan as prepared.
Penalty: 60 penalty units, in the case of a natural
20 person;
300 penalty units, in the case of a body
corporate.
(3) When requested, the proprietor must cause a
resident's interim support plan to be made
25 available to--
(a) the resident;
(b) the person nominated;
(c) the resident's health service providers.
Penalty: 60 penalty units, in the case of a natural
30 person;
300 penalty units, in the case of a body
corporate.
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57 Resident's on-going support plan
(1) Within 28 days after a person becomes a resident,
the proprietor, in consultation with the resident
and, if appropriate, the person nominated, must
5 cause the resident's interim support plan to be
reviewed and expanded into a written document to
be called the resident's on-going support plan that
includes--
(a) the on-going health and personal support
10 needs of the resident; and
(b) the services to be provided to the resident to
assist with those needs.
Penalty: 60 penalty units, in the case of a natural
person;
15 300 penalty units, in the case of a body
corporate.
(2) The proprietor must cause a resident's on-going
support plan to be reviewed and updated at least
once every 6 months.
20 Penalty: 60 penalty units, in the case of a natural
person;
300 penalty units, in the case of a body
corporate.
(3) If the resident's health and personal support needs
25 change, the proprietor must ensure that the on-
going support plan is reviewed and changed as
necessary to meet those changed needs of the
resident.
Penalty: 60 penalty units, in the case of a natural
30 person;
300 penalty units, in the case of a body
corporate.
(4) The proprietor must ensure that any change to a
resident's on-going support plan is prepared in
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consultation with the resident and, if appropriate,
the person nominated.
Penalty: 60 penalty units, in the case of a natural
person;
5 300 penalty units, in the case of a body
corporate.
(5) The proprietor must ensure that consultation
occurs with the resident's health service providers
in the preparation of--
10 (a) a resident's on-going support plan; and
(b) any changes made to that plan.
Penalty: 60 penalty units, in the case of a natural
person;
300 penalty units, in the case of a body
15 corporate.
(6) The proprietor must ensure that a resident's
on-going support plan is carried out in accordance
with that plan as prepared.
Penalty: 60 penalty units, in the case of a natural
20 person;
300 penalty units, in the case of a body
corporate.
(7) When requested, the proprietor must cause a
resident's support plan and any changes made to it
25 to be made available to--
(a) the resident;
(b) the person nominated;
(c) the resident's health service providers.
Penalty: 60 penalty units, in the case of a natural
30 person;
300 penalty units, in the case of a body
corporate.
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58 Notification of certain matters to person nominated
(1) This section applies if there is a person nominated
for a resident or a resident's guardian.
(2) The proprietor must ensure that the person
5 nominated or resident's guardian is informed as
soon as practicable of any significant sign of
deterioration in the health status of the resident.
Penalty: 60 penalty units, in the case of a natural
person;
10 300 penalty units, in the case of a body
corporate.
(3) The proprietor must ensure that the person
nominated or resident's guardian is informed as
soon as practicable of any injury to the resident.
15 Penalty: 60 penalty units, in the case of a natural
person;
300 penalty units, in the case of a body
corporate.
(4) The proprietor must ensure that the person
20 nominated or resident's guardian is informed as
soon as practicable of any risk taking behaviour
by a resident which threatens the safety of--
(a) the resident; or
(b) other residents or staff.
25 Penalty: 60 penalty units, in the case of a natural
person;
300 penalty units, in the case of a body
corporate.
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(5) The proprietor must ensure that the person
nominated or resident's guardian is informed as
soon as practicable of any proposal to relocate the
resident to another bedroom within the supported
5 residential service.
Penalty: 10 penalty units, in the case of a natural
person;
50 penalty units, in the case of a body
corporate.
10 (6) The proprietor must ensure that the person
nominated or resident's guardian is informed as
soon as practicable of any intention to terminate
the residency of the resident.
Penalty: 10 penalty units, in the case of a natural
15 person;
50 penalty units, in the case of a body
corporate.
(7) The proprietor must ensure that the person
nominated or resident's guardian is informed as
20 soon as practicable of the death of the resident.
Penalty: 60 penalty units, in the case of a natural
person;
300 penalty units, in the case of a body
corporate.
25 Division 4--Health and support standards and offences
59 Accommodation and personal support standards
The proprietor must comply with the prescribed
accommodation and personal support standards.
Penalty: 240 penalty units, in the case of a
30 natural person;
1200 penalty units, in the case of a
body corporate.
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60 Offence not to monitor health care issues
(1) If the proprietor is, or ought reasonably to be,
aware that a resident is in need of more health
care than can be provided at the supported
5 residential service, the proprietor must take all
reasonable steps to ensure that the appropriate
health care is provided to the resident.
Penalty: 600 penalty units or 5 years
imprisonment or both for an individual;
10 3000 penalty units, in the case of a
body corporate.
(2) An offence against subsection (1) is an indictable
offence.
(3) If the proprietor is unsuccessful in securing the
15 provision of appropriate health care for a resident
after taking all reasonable steps to ensure that the
appropriate health care is provided to the resident,
the proprietor must notify the Secretary without
delay of the needs of the resident.
20 Penalty: 240 penalty units, in the case of a
natural person;
1200 penalty units, in the case of a
body corporate.
61 Offence not to monitor personal support issues
25 (1) If the proprietor is, or ought reasonably to be,
aware that a resident is in need of more personal
support than can be met within the scope of that
resident's residential and services agreement, the
proprietor must take all reasonable steps to ensure
30 that the appropriate personal support is provided
to the resident.
Penalty: 600 penalty units or 5 years
imprisonment or both for an individual;
3000 penalty units, in the case of a
35 body corporate.
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(2) An offence against subsection (1) is an indictable
offence.
(3) If the proprietor is unsuccessful in securing the
provision of appropriate personal support after
5 taking all reasonable steps to ensure that the
appropriate personal support is provided to the
resident, the proprietor must notify the Secretary
without delay of the needs of the resident.
Penalty: 240 penalty units, in the case of a
10 natural person;
1200 penalty units, in the case of a
body corporate.
62 Enquiries, assessment and further care
(1) The Secretary must make enquiries and assess
15 how a resident's needs may best be met if the
Secretary--
(a) receives a notification from a proprietor
under section 60(3) or 61(3); or
(b) receives a report from an authorised officer
20 that a resident of a supported residential
service appears to be in need of health care,
personal support or other care that the
supported residential service is unable to
provide.
25 (2) In exercising a function under subsection (1), the
Secretary may request a report from a registered
medical practitioner or other relevant health
professional or care professional to inform the
enquiry and assessment.
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(3) A registered medical practitioner or other health
professional or care professional who has
prepared a report on request from the Secretary
under subsection (2) is authorised to disclose the
5 resident's personal or medical information to the
Secretary to the extent necessary to enable an
assessment to be made.
(4) If possible, the enquiry and assessment under this
section must occur in consultation with the
10 resident and the person nominated (if any).
(5) Following an assessment under this section, if the
Secretary considers that further care should be
provided to the resident, the Secretary must take
appropriate steps to refer the resident to
15 appropriate health professionals or care
professionals.
(6) Without limiting subsection (5), steps taken by the
Secretary may include arrangements to relocate
the resident.
20 Division 5--Medication
63 Medication of residents
(1) A proprietor must, in accordance with the
regulations, take reasonable steps to maintain
adequate standards of storage, distribution and
25 administration of residents' medication.
Penalty: 600 penalty units or 5 years
imprisonment or both, in the case of a
natural person;
3000 penalty units, in the case of a
30 body corporate.
(2) An offence against subsection (1) is an indictable
offence.
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Division 6--Staffing
64 Minimum staff requirement
(1) The proprietor must ensure that an adequate
number of appropriately trained staff are
5 employed in the supported residential service in
accordance with the regulations.
Penalty: 240 penalty units, in the case of a
natural person;
1200 penalty units, in the case of a
10 body corporate.
(2) The proprietor must, in accordance with the
regulations, ensure that an adequate number of
appropriately trained staff are on duty in the
supported residential service to ensure that the
15 proprietor can comply with the personal support
requirements under this Act.
Penalty: 240 penalty units, in the case of a
natural person;
1200 penalty units, in the case of a
20 body corporate.
(3) The proprietor must, in accordance with the
regulations, ensure that an adequate number of
appropriately trained ancillary staff are on duty in
the supported residential service to ensure that the
25 staff employed to provide personal support to the
residents of the supported residential service are
not unduly hindered in providing that support.
Penalty: 240 penalty units, in the case of a
natural person;
30 1200 penalty units, in the case of a
body corporate.
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65 Offence to employ unsuitable persons
A proprietor must not appoint or continue to
employ in a supported residential service a person
as a member of staff who is engaged in the special
5 or personal support needs of residents if that
person is not a suitable person, having regard to
guidelines issued by the Secretary in relation to
the employment of persons in a supported
residential service.
10 Penalty: 240 penalty units, in the case of a
natural person;
1200 penalty units, in the case of a
body corporate.
66 Requirement for criminal record checks of staff
15 A proprietor must ensure that a criminal record
check is undertaken in accordance with the
regulations in respect of a prospective employee
of the supported residential service before that
person is employed.
20 Penalty: 240 penalty units, in the case of a
natural person;
1200 penalty units, in the case of a
body corporate.
67 Requirement to employ manager
25 A proprietor must employ a person to manage the
supported residential service if at any time the
proprietor, or in the case of a proprietor that is a
body corporate any of the directors, is not
ordinarily on site to carry out, direct or undertake
30 the day to day operation of the supported
residential service.
Penalty: 120 penalty units, in the case of a
natural person;
600 penalty units, in the case of a body
35 corporate.
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68 Requirement to apply to Secretary for approval of
manager
(1) If a proprietor employs a person to manage a
supported residential service for the purposes of
5 section 67 or for any other reason, the proprietor
must apply to the Secretary for approval of the
person as a suitable person to be a manager of a
supported residential service within 7 days of that
employment.
10 Penalty: 60 penalty units, in the case of a natural
person;
300 penalty units, in the case of a body
corporate.
(2) An application under subsection (1) must--
15 (a) contain the prescribed information; and
(b) be accompanied by the prescribed fee (if
any); and
(c) be accompanied by the prescribed documents
(if any).
20 (3) An application under subsection (1) may be made
at any time, including when an application for
registration is made.
69 Further information
(1) The Secretary may request an applicant under
25 section 68 to provide any further information in
relation to the application that the Secretary
requires in order to make a decision on the
application.
(2) An applicant must provide any information
30 requested by the Secretary under subsection (1) by
the date stated in the request.
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70 Decision on application for approval of manager
(1) On receiving an application for approval of a
manager under section 68, the Secretary must--
(a) approve the manager of the supported
5 residential service; or
(b) refuse to approve the manager of the
supported residential service.
(2) In making a decision under subsection (1), the
Secretary must consider--
10 (a) whether the person appointed has the
relevant knowledge and skills to be a
manager of a supported residential service;
and
(b) whether the person is otherwise a suitable
15 person to be a manager of a supported
residential service.
71 Notification of decision about approval of manager
The Secretary must notify the applicant of the
Secretary's decision under section 70(1) within the
20 later of--
(a) 60 days after receiving the application to
which the decision relates, being an
application that complies with the
requirements of section 68(2); or
25 (b) if the Secretary has requested the applicant to
give further information under section 69,
28 days after the information last requested
is given to the Secretary.
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72 Secretary may cancel approval of manager
The Secretary may cancel the approval of a person
as a manager of a supported residential service if
the Secretary believes on reasonable grounds that
5 the person--
(a) no longer has the relevant knowledge and
skills to be a manager of a supported
residential service; or
(b) is otherwise no longer a suitable person to be
10 a manager of a supported residential service.
73 Effect of approval or disapproval of manager
(1) An approval of a manager under this Division
only applies in respect of the specific supported
residential service for which the manager is
15 approved.
(2) If the Secretary refuses to approve a person to be a
manager of a supported residential service, the
proprietor must ensure that the person appointed
as manager does not continue as the manager of
20 the supported residential service.
Penalty: 240 penalty units, in the case of a
natural person;
1200 penalty units, in the case of a
body corporate.
25 (3) If the Secretary cancels the approval of a person
as a manager of a supported residential service,
the proprietor must ensure that the person
appointed as manager does not continue as the
manager of the supported residential service.
30 Penalty: 240 penalty units, in the case of a
natural person;
1200 penalty units, in the case of a
body corporate.
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74 Acting manager
(1) This section applies if a proprietor is required to
employ a manager of a supported residential
service under section 67.
5 (2) The proprietor must notify the Secretary within
7 days if an approved manager--
(a) ceases to be a manager of the supported
residential service; or
(b) is absent on leave; or
10 (c) is otherwise unable to perform the role of
manager.
Penalty: 10 penalty units, in the case of a natural
person;
50 penalty units, in the case of a body
15 corporate.
(3) If there is no more than one approved manager of
a supported residential service, the proprietor must
appoint a person to be the acting manager of the
supported residential service if that approved
20 manager--
(a) ceases to be the manager of the supported
residential service; or
(b) is absent on leave; or
(c) is otherwise unable to perform the role of
25 manager.
Penalty: 120 penalty units, in the case of a
natural person;
600 penalty units, in the case of a body
corporate.
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(4) If there is no more than one approved manager of
a supported residential service, the proprietor must
not fail, without reasonable excuse, to appoint a
new manager within 28 days, or another period
5 approved in writing by the Secretary, if that
approved manager--
(a) ceases to be the manager of the supported
residential service; or
(b) is absent on leave; or
10 (c) is otherwise unable to perform the role of
manager.
Penalty: 120 penalty units, in the case of a
natural person;
600 penalty units, in the case of a body
15 corporate.
Division 7--Complaints
75 Procedures for resident complaints
(1) A proprietor must, in accordance with the
regulations, institute and operate a system to
20 receive and deal with complaints from residents or
complaints made on behalf of residents.
Penalty: 60 penalty units, in the case of a natural
person;
300 penalty units, in the case of a body
25 corporate.
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(2) A proprietor must take all reasonable steps to
ensure that a resident is not adversely affected
because a complaint has been made by the
resident or on behalf of the resident.
5 Penalty: 60 penalty units, in the case of a natural
person;
300 penalty units, in the case of a body
corporate.
Division 8--Reporting and records
10 76 Requirement to keep prescribed records
(1) A proprietor must maintain an accurate and up to
date record of prescribed incidents that complies
with subsection (5).
Penalty: 20 penalty units, in the case of a natural
15 person;
100 penalty units, in the case of a body
corporate.
(2) A proprietor must maintain an accurate and up to
date record of prescribed resident information that
20 complies with subsection (5).
Penalty: 20 penalty units, in the case of a natural
person;
100 penalty units, in the case of a body
corporate.
25 (3) A proprietor must maintain an accurate and up to
date record of prescribed staff information that
complies with subsection (5).
Penalty: 20 penalty units, in the case of a natural
person;
30 100 penalty units, in the case of a body
corporate.
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(4) A proprietor must maintain an accurate and up to
date record of staff rosters that complies with
subsection (5).
Penalty: 20 penalty units, in the case of a natural
5 person;
100 penalty units, in the case of a body
corporate.
(5) A record under this section must--
(a) include the prescribed particulars; and
10 (b) be kept in the prescribed manner.
77 Records and reporting of prescribed reportable
incidents
(1) A proprietor must maintain an accurate and up to
date record of prescribed reportable incidents that
15 complies with subsection (2).
Penalty: 20 penalty units, in the case of a natural
person;
100 penalty units, in the case of a body
corporate.
20 (2) A record under subsection (1) must--
(a) include the prescribed particulars; and
(b) be kept in the prescribed manner.
(3) A proprietor must notify the Secretary of any
prescribed reportable incident that occurs on the
25 premises of, or in relation to, the supported
residential service within the prescribed reporting
time.
Penalty: 60 penalty units, in the case of a natural
person;
30 300 penalty units, in the case of a body
corporate.
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78 Proprietor to keep records for 7 years
The proprietor must retain the records kept under
this Division at the supported residential service
for a period of 7 years.
5 Penalty: 120 penalty units, in the case of a
natural person;
600 penalty units, in the case of a body
corporate.
__________________
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Part 5--Money and Property of Residents
s. 79
PART 5--MONEY AND PROPERTY OF RESIDENTS
Division 1--Money of residents
79 Management or control of resident's money by
proprietor
5 (1) A proprietor must not manage or control money of
a resident without the written consent of the
resident.
Penalty: 60 penalty units, in the case of a natural
person;
10 300 penalty units, in the case of a body
corporate.
(2) A proprietor who manages or controls money of a
resident must not manage or control more than the
prescribed amount of that money at any one time.
15 Penalty: 20 penalty units, in the case of a natural
person;
100 penalty units, in the case of a body
corporate.
(3) A proprietor who manages or controls money of a
20 resident must keep a copy of the written consent
for that management or control.
Penalty: 10 penalty units, in the case of a natural
person;
50 penalty units, in the case of a body
25 corporate.
80 Records of expenditure to be kept
(1) A proprietor who manages or controls money of a
resident must maintain an accurate and up to date
record of--
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(a) any incoming money that the proprietor
manages or controls on behalf of the
resident; and
(b) any expenditure of the money that the
5 proprietor manages or controls on behalf of
the resident.
Penalty: 60 penalty units, in the case of a natural
person;
300 penalty units, in the case of a body
10 corporate.
(2) A proprietor who manages or controls money of a
resident must ensure that records kept under
subsection (1) individually itemise each
transaction made on behalf of the resident.
15 Penalty: 10 penalty units, in the case of a natural
person;
50 penalty units, in the case of a body
corporate.
81 Statements and access to records
20 (1) A proprietor who manages or controls money of a
resident must provide the resident with an
itemised statement setting out any income
received and expenditure incurred on behalf of a
resident since the previous statement--
25 (a) on request; or
(b) at least once every 3 months.
Penalty: 60 penalty units, in the case of a natural
person;
300 penalty units, in the case of a body
30 corporate.
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(2) A proprietor who manages or controls money of a
resident must give access to the resident's
financial records held by the proprietor to the
resident or the person nominated (if any) on
5 request.
Penalty: 60 penalty units, in the case of a natural
person;
300 penalty units, in the case of a body
corporate.
10 82 Proprietor may give directions relating to resident's
money
(1) In managing or controlling money of a resident
under section 79, a proprietor may direct any
employee of the supported residential service to
15 handle or deal with the money.
(2) A proprietor must not give directions under
subsection (1) in relation to the money of a
particular resident if the proprietor does not have
the written consent of that resident to manage or
20 control that money.
Penalty: 60 penalty units, in the case of a natural
person;
300 penalty units, in the case of a body
corporate.
25 (3) A proprietor must not give directions under
subsection (1) in relation to the money of a
particular resident requiring or allowing an
employee to do anything that would, if done by
the proprietor, contravene section 79 or 80.
30 Penalty: 60 penalty units, in the case of a natural
person;
300 penalty units, in the case of a body
corporate.
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(4) An employee of a supported residential service
must only handle or deal with money of a resident
in accordance with directions given to the
employee under subsection (1).
5 Penalty: 60 penalty units.
(5) A proprietor must not give a direction to handle,
deal with, manage or control money of a resident
to a close associate of the proprietor other than an
employee.
10 Penalty: 60 penalty units, in the case of a natural
person;
300 penalty units, in the case of a body
corporate.
(6) Subject to subsections (1) and (5), a close
15 associate of a proprietor must not handle, deal
with, manage or control money of a resident.
Penalty: 60 penalty units, in the case of a natural
person;
300 penalty units, in the case of a body
20 corporate.
83 Proprietor or close associate not to be person
nominated
(1) A proprietor must not accept an appointment as a
person nominated, resident's guardian or resident's
25 administrator in respect of any resident of the
supported residential service of which he or she is
the proprietor.
Penalty: 60 penalty units, in the case of a natural
person;
30 300 penalty units, in the case of a body
corporate.
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(2) A close associate of a proprietor must not accept
an appointment as a person nominated, resident's
guardian or resident's administrator in respect of
any resident of the supported residential service of
5 which he or she is a close associate of the
proprietor.
Penalty: 60 penalty units, in the case of a natural
person;
300 penalty units, in the case of a body
10 corporate.
(3) Subsections (1) or (2) do not apply--
(a) if the proprietor or close associate of the
proprietor is the resident's nearest relative; or
(b) if a court or tribunal makes an order
15 appointing the proprietor or close associate
of the proprietor as a resident's administrator
or a resident's guardian.
Division 2--Prohibited transactions and reportable
transactions
20 84 Proprietor or close associate not to enter into
prohibited transactions
A proprietor, or a close associate of a proprietor,
must not enter into a prohibited transaction with a
resident of the supported residential service.
25 Penalty: 120 penalty units, in the case of a
natural person;
600 penalty units, in the case of a body
corporate.
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85 Reportable transactions
(1) A proprietor must give notice to the Secretary in
accordance with this section of any reportable
transaction to which the proprietor is a party
5 within the reporting period.
Penalty: 120 penalty units, in the case of a
natural person;
600 penalty units, in the case of a body
corporate.
10 (2) A close associate of a proprietor must give notice
to the Secretary in accordance with this section of
any reportable transaction to which the close
associate is a party within the reporting period.
Penalty: 120 penalty units, in the case of a
15 natural person;
600 penalty units, in the case of a body
corporate.
(3) A notice under subsection (1) or (2) must be in
writing and include--
20 (a) if there is one, a copy of the written
agreement for the reportable transaction; or
(b) if the reportable transaction involves
property the value of which exceeds the
amount prescribed for the purposes of the
25 definition of reportable transaction in
section 3(1), evidence of--
(i) the market value of the property
involved in the reportable transaction;
and
30 (ii) the independent financial or legal
advice obtained by the resident or the
resident's administrator in respect of the
reportable transaction.
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(4) In this section, reporting period means--
(a) the period of 14 days after the entering into
of a reportable transaction; or
(b) if a different period is prescribed as the
5 reporting period, that period.
86 Cooling off period
(1) A resident may rescind a prohibited transaction in
relation to real or personal property or a reportable
transaction between the resident and the
10 proprietor, or a close associate of the proprietor
within the cooling off period.
(2) During the cooling off period, a proprietor, or a
close associate of the proprietor, as the case
requires, who is a party to a transaction must not
15 have any other dealings with the property to
which the transaction relates.
Penalty: 120 penalty units, in the case of a
natural person;
600 penalty units, in the case of a body
20 corporate.
(3) In this section, cooling off period, in relation to a
transaction, whether or not a prohibited
transaction or reportable transaction, means the
period ending 5 days after the day on which the
25 transaction was entered into.
(4) This section applies despite anything to the
contrary in any Act other than the Charter of
Human Rights and Responsibilities Act 2006.
87 Remedies
30 (1) This section applies to a resident--
(a) who is a party to a prohibited transaction; or
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(b) whose real or personal property has been
dealt with by a proprietor, or a close
associate of a proprietor, in contravention of
section 84.
5 (2) A resident to whom this section applies may apply
to a court of competent jurisdiction for a
declaration that the transaction which the resident
entered into with the proprietor, or close associate
of the proprietor, as the case requires, of the
10 supported residential service is void.
(3) If the transaction relates to real or personal
property that is no longer in the possession of the
proprietor, or close associate of the proprietor, as
the case requires, the resident may also apply to
15 the court referred to in subsection (2) to recover
the value of the property, less any consideration
already received by the resident, as a debt from
the proprietor or the close associate.
(4) If the transaction relates to real or personal
20 property that is still in the possession of the
proprietor, or close associate of the proprietor, as
the case requires, the resident may also apply to
the court referred to in subsection (2) for an order
that the proprietor or close associate return the
25 property to the resident.
(5) The rights of a resident under this section are in
addition to any other rights that the resident may
have under any other Act, the common law or at
equity.
30 88 Proprietor to notify Secretary of offences
(1) If a proprietor becomes aware that a close
associate of the proprietor has engaged in, or is
engaging in, conduct that may constitute an
offence against this Part, the proprietor must--
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(a) within 2 days after becoming aware of the
conduct, notify the Secretary of the conduct;
and
(b) provide information about the identity of the
5 relevant close associate.
Penalty: 10 penalty units, in the case of a natural
person;
50 penalty units, in the case of a body
corporate.
10 (2) In this section, engage in conduct means--
(a) to do an act; or
(b) to omit to do an act.
Division 3--Fees, charges and security deposits
89 Offence to request certain payments
15 (1) A proprietor must not request a resident to pay
any amount other than--
(a) a security deposit;
(b) a fee paid in advance in accordance with this
Act;
20 (c) a reservation fee;
(d) an establishment fee;
(e) a fee in respect of the resident's
accommodation and personal support;
(f) an amount intended to cover an item or
25 service purchased at the supported residential
service.
Penalty: 60 penalty units, in the case of a natural
person;
300 penalty units, in the case of a body
30 corporate.
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(2) A proprietor must not accept from a resident any
amount other than--
(a) a security deposit;
(b) a fee paid in advance in accordance with this
5 Act;
(c) a reservation fee;
(d) an establishment fee;
(e) a fee in respect of the resident's
accommodation and personal support;
10 (f) an amount intended to cover an item or
service purchased at the supported residential
service.
Penalty: 60 penalty units, in the case of a natural
person;
15 300 penalty units, in the case of a body
corporate.
90 Offence to request or accept security deposit that
exceeds a specified amount
(1) A proprietor must not request a resident to pay a
20 security deposit greater than--
(a) the equivalent of one month's fees; or
(b) if an amount is prescribed for the purposes of
this subsection, that prescribed amount.
Penalty: 60 penalty units, in the case of a natural
25 person;
300 penalty units, in the case of a body
corporate.
(2) A proprietor must not accept from a resident a
security deposit greater than--
30 (a) the equivalent of one month's fees; or
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(b) if an amount is prescribed for the purposes of
this subsection, that prescribed amount.
Penalty: 60 penalty units, in the case of a natural
person;
5 300 penalty units, in the case of a body
corporate.
91 Offence to request or accept fees in advance that
exceed a specified amount
(1) A proprietor must not request a resident to pay a
10 fee in advance greater than--
(a) the equivalent of one month's fees; or
(b) if an amount is prescribed for the purposes of
this subsection, that prescribed amount.
Penalty: 60 penalty units, in the case of a natural
15 person;
300 penalty units, in the case of a body
corporate.
(2) A proprietor must not, unless the resident requests
in writing, accept in respect of a resident a fee in
20 advance greater than--
(a) the equivalent of one month's fees; or
(b) if an amount is prescribed for the purposes of
this subsection, that prescribed amount.
Penalty: 60 penalty units, in the case of a natural
25 person;
300 penalty units, in the case of a body
corporate.
92 Offence to request or accept reservation fee that
exceeds a specified amount
30 (1) A proprietor must not request a resident to pay a
reservation fee greater than--
(a) the equivalent of 2 weeks fees; or
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(b) if an amount is prescribed for the purposes of
this subsection, that prescribed amount.
Penalty: 60 penalty units, in the case of a natural
person;
5 300 penalty units, in the case of a body
corporate.
(2) A proprietor must not accept from a resident a
reservation fee greater than--
(a) the equivalent of 2 weeks fees; or
10 (b) if an amount is prescribed for the purposes of
this subsection, that prescribed amount.
Penalty: 60 penalty units, in the case of a natural
person;
300 penalty units, in the case of a body
15 corporate.
93 Offence to request or accept establishment fees that
exceed a specified amount
(1) A proprietor must not request a resident to pay an
establishment fee greater than--
20 (a) the equivalent of 2 weeks fees; or
(b) if an amount is prescribed for the purposes of
this subsection, that prescribed amount.
Penalty: 60 penalty units, in the case of a natural
person;
25 300 penalty units, in the case of a body
corporate.
(2) A proprietor must not accept from a resident an
establishment fee greater than--
(a) the equivalent of 2 weeks fees; or
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(b) if an amount is prescribed for the purposes of
this subsection, that prescribed amount.
Penalty: 60 penalty units, in the case of a natural
person;
5 300 penalty units, in the case of a body
corporate.
94 Offence not to provide prescribed statement in
respect of fees etc.
Within 7 days of receiving a security deposit, an
10 establishment fee, a fee paid in advance or a
reservation fee in respect of a resident, a
proprietor must provide the resident and the
person nominated (if any) with a statement
containing the prescribed information.
15 Penalty: 20 penalty units, in the case of a natural
person;
100 penalty units, in the case of a body
corporate.
95 Offence not to put money into trust account
20 Within 7 days of receiving a security deposit, an
establishment fee, a fee paid in advance in
accordance with section 91(2) or a reservation fee
in respect of a resident, a proprietor must place the
security deposit, reservation fee, establishment fee
25 or fee paid in advance into a trust account held at
an ADI.
Penalty: 120 penalty units, in the case of a
natural person;
600 penalty units, in the case of a body
30 corporate.
Note
The Interpretation of Legislation Act 1984 provides that
an ADI means an authorised deposit-taking institution
within the meaning of the Banking Act 1959 of the
35 Commonwealth.
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96 Records of money held in trust account
A proprietor who has placed a security deposit, an
establishment fee, a fee paid in advance or a
reservation fee in respect of a resident into a trust
5 account must maintain separate records, in
accordance with the regulations, in relation to the
funds of each resident whose funds are held in that
trust account.
Penalty: 120 penalty units, in the case of a
10 natural person;
600 penalty units, in the case of a body
corporate.
97 Fees etc. to remain in trust until required
(1) A proprietor who has placed a reservation fee, an
15 establishment fee or a fee paid in advance into a
trust account must not withdraw any amount from
that account unless--
(a) it is withdrawn for the purpose of returning
the amount the resident or the person who
20 made the payment on behalf of the resident;
or
(b) the proprietor is entitled to retain the
amounts or part of the amounts in
accordance with this Act and the withdrawal
25 occurs on or after the commencement of the
period to which the payment of the amount
relates.
Penalty: 120 penalty units, in the case of a
natural person;
30 600 penalty units, in the case of a body
corporate.
(2) A proprietor who has placed a security deposit
into a trust account must not withdraw any
amount of that security deposit from that account
35 unless--
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(a) it is withdrawn for the purpose of returning
the amount the resident or the person who
made the payment on behalf of the resident;
or
5 (b) the proprietor is entitled to retain the amount
or part of the amount of the security deposit
in accordance with section 98.
Penalty: 120 penalty units, in the case of a
natural person;
10 600 penalty units, in the case of a body
corporate.
98 Retention of security deposit by proprietor
(1) A proprietor is only entitled to retain a security
deposit if--
15 (a) the resident has left the supported residential
service and an amount of fees has accrued
due and is unpaid; or
(b) the proprietor reasonably believes that the
proprietor is entitled to an amount of the
20 security deposit as compensation for loss or
damage suffered by the proprietor on
account of--
(i) damage caused to the supported
residential service by the resident or the
25 resident's visitor, other than fair wear
and tear; or
(ii) the loss of goods belonging to the
proprietor, caused by the resident or the
resident's visitor; or
30 (c) the resident has consented to the proprietor
retaining the amount after the proprietor has
given the resident a statement setting out--
(i) the deductions; and
(ii) the purpose of the deductions; and
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(iii) the remaining balance of the security
deposit.
(2) Subsection (1) does not entitle a proprietor to
retain any amount of a security deposit in excess
5 of the actual loss or shortfall suffered by the
proprietor.
99 Offence not to return security deposit within 14 days
A proprietor must return to a resident any part of
the security deposit that the proprietor is not
10 entitled to retain under section 98 within 14 days
of the resident leaving the supported residential
service.
Penalty: 20 penalty units, in the case of a natural
person;
15 100 penalty units, in the case of a body
corporate.
100 Condition report
(1) If a resident or a proposed resident pays a security
deposit, the proprietor must give the resident or
20 proposed resident 2 copies of a condition report
signed by or on behalf of the proprietor specifying
the state of repair and general condition of--
(a) the resident's room; and
(b) the common areas; and
25 (c) the furniture in the resident's room and the
common areas.
Penalty: 10 penalty units, in the case of a natural
person;
50 penalty units, in the case of a body
30 corporate.
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(2) The proprietor must give the condition report as
soon as practicable before a resident or a proposed
resident begins living at the supported residential
service.
5 Penalty: 10 penalty units, in the case of a natural
person;
50 penalty units, in the case of a body
corporate.
(3) Within 3 days after a resident's arrival at the
10 supported residential service, the resident or
person nominated must return one copy of the
condition report to the proprietor--
(a) signed by the resident; and
(b) with an endorsement--
15 (i) to the effect that the resident agrees
with the whole of the report; or
(ii) that identifies any matters in the report
with which the resident does not agree.
101 Condition report is evidence of state of repair
20 (1) For the purposes of this Act, a statement in a
condition report is conclusive evidence of the state
of repair or general condition of the resident's
room and the common areas and the furniture
within those areas on the day specified in the
25 condition report, if the report is--
(a) signed by or on behalf of the proprietor; and
(b) signed by the resident.
(2) Subsection (1) does not apply to--
(a) a state of repair or general condition that
30 could not reasonably have been discovered
on a reasonable inspection of the room; or
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(b) a statement with which the resident disagrees
under an endorsement on the condition
report.
102 Statement relating to use of reservation fees
5 (1) Before receiving a reservation fee in respect of a
proposed resident, the proprietor must provide
written information to the proposed resident or a
person acting on behalf of the proposed resident
stating--
10 (a) how the amount to be received will be
applied; and
(b) the circumstances in which the payment or a
part of it may be forfeited by the proposed
resident.
15 Penalty: 10 penalty units, in the case of a natural
person;
50 penalty units, in the case of a body
corporate.
(2) The information provided under subsection (1)
20 must not be inconsistent with this Act.
103 Proprietor must explain fees and charges to resident
A proprietor must ensure that all expenses and
fees charged to a resident are individually
itemised and explained to the resident.
25 Penalty: 60 penalty units, in the case of a natural
person;
300 penalty units, in the case of a body
corporate.
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104 Reservation fees must be applied or refunded
(1) If a proposed resident is admitted to a supported
residential service, the proprietor must deduct any
reservation fee paid from the fees payable to the
5 proprietor under the residential and services
agreement.
Penalty: 10 penalty units, in the case of a natural
person;
50 penalty units, in the case of a body
10 corporate.
(2) If a proposed resident is not admitted to a
supported residential service, the proprietor must
refund any part of a reservation fee that has not
been forfeited in accordance with the written
15 information provided under section 94 within
7 days of a request from--
(a) the proposed resident; or
(b) a person acting on behalf of the proposed
resident.
20 Penalty: 10 penalty units, in the case of a natural
person;
50 penalty units, in the case of a body
corporate.
105 Application to VCAT for refund of security deposit
25 etc.
A resident or a person acting on behalf of a
resident may apply to VCAT for an order
directing the proprietor to refund the security
deposit, fee paid in advance, establishment fee or
30 reservation fee to the resident if the proprietor
does not refund a security deposit, a fee paid in
advance, an establishment fee or a reservation fee
in accordance with this Act.
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106 VCAT orders
On an application under section 105, VCAT
may--
(a) make an order that the proprietor is entitled
5 to retain the money or amount that is the
subject of the application, including
specifying the amount to which the
proprietor is entitled; or
(b) make an order that the proprietor is not
10 entitled to retain the money or amount that is
the subject of the application and must
refund the money or amount, including
specifying the amount which the proprietor
is to refund; or
15 (c) dismiss the application.
__________________
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PART 6--NOTICES TO VACATE
Division 1--General
107 Contents of notice to vacate
A notice to vacate given by a proprietor must--
5 (a) specify the date on which the resident is to
leave the supported residential service;
(b) specify the ground on which the notice is
given;
(c) be signed and dated by the proprietor or on
10 behalf of the proprietor;
(d) state that the resident may appeal the notice
to vacate to VCAT.
108 Giving of notice to vacate
(1) A notice to vacate must be given to--
15 (a) the resident; and
(b) the person nominated (if any).
(2) In the case of a notice to vacate under section 110,
114, 115, 116 or 117, the proprietor must also
notify the Secretary within the prescribed time of
20 the notice to vacate being given.
Division 2--Notice to vacate given by proprietor
109 Proprietor proposes to cease carrying on the
supported residential service
(1) A proprietor may give a resident a notice to vacate
25 the supported residential service if the proprietor
proposes to cease conducting or carrying on
business as a supported residential service at the
premises.
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(2) A notice to vacate under subsection (1) must
specify a termination date is not less than 28 days
after the date on which the notice is given.
110 Resident endangers safety of other persons
5 (1) A proprietor may give a resident a notice to vacate
the supported residential service if the resident by
act or omission causes danger to any other
resident or staff member of the supported
residential service.
10 (2) A notice to vacate under subsection (1) may
specify a termination date that is--
(a) the date on which the notice is given; or
(b) a later date.
111 Non-payment of fees
15 (1) A proprietor may give a resident a notice to vacate
the supported residential service if the resident's
fees are more than 14 days in arrears.
(2) A notice under subsection (1) must specify a
termination date that is not less than 14 days after
20 the date on which the notice is given.
112 Use of supported residential service for illegal
purpose
(1) A proprietor may give a resident a notice to vacate
the supported residential service if the resident has
25 used the supported residential service or permitted
its use for any purpose that is illegal at common
law or under any Act.
(2) A notice to vacate under subsection (1) must
specify a termination date that is not less than
30 2 days after the date on which the notice is given.
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113 Repairs or demolition
(1) Subject to subsection (3), a proprietor may give a
resident a notice to vacate the supported
residential service if--
5 (a) the proprietor intends to repair, renovate,
reconstruct or demolish the supported
residential service immediately after the
termination date; and
(b) the proprietor has obtained all the necessary
10 permits and consents to carry out the work;
and
(c) the work cannot be properly carried out
unless the resident vacates the supported
residential service.
15 (2) A notice to vacate under subsection (1) must
specify a termination date that is not less than
60 days after the date on which the notice is given.
(3) If the proposed repairs, renovations or
reconstruction will affect a resident's room but
20 will not affect all the rooms in the supported
residential service, the proprietor must not give
the notice to vacate under subsection (1) unless--
(a) the proprietor has first offered another
equivalent room to the resident; and
25 (b) the resident has refused to occupy that room
in place of the resident's current room.
114 Resident in need of more health care than available
(1) A proprietor may give a resident a notice to vacate
the supported residential service if--
30 (a) the resident is in need of more health care
than can be arranged by the supported
residential service; and
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(b) the proprietor has complied with the
proprietor's obligations under section 60(3);
and
(c) the Secretary has completed the Secretary's
5 enquiries and assessment under section 62.
(2) A notice to vacate under subsection (1) must
specify a termination date that is not less than
14 days after the date on which the notice is given.
115 Resident in need of more personal support than
10 available
(1) A proprietor may give a resident a notice to vacate
the supported residential service if--
(a) the resident is in need of more personal
support than can be provided by the
15 supported residential service; and
(b) the proprietor has complied with the
proprietor's obligations under section 61(3);
and
(c) the Secretary has completed the Secretary's
20 enquiries and assessment under section 62.
(2) A notice to vacate under subsection (1) must
specify a termination date that is not less than
14 days after the date on which the notice is given.
116 Serious damage
25 (1) A proprietor may give a resident a notice to vacate
the supported residential service if the resident
intentionally or recklessly causes or allows serious
damage to any part of the supported residential
service.
30 (2) A notice to vacate under subsection (1) may
specify a termination date that is--
(a) the date on which the notice is given; or
(b) a later date.
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(3) For the purposes of subsection (1), notice to
vacate may be given if a series of acts of damage,
which may not individually be serious damage,
may amount to serious damage because of the
5 frequency of the acts.
117 Serious interruption to quiet and peaceful
enjoyment
(1) A proprietor may give a resident a notice to vacate
the supported residential service if the resident
10 seriously interrupts the quiet and peaceful
enjoyment of the supported residential service by
other residents.
(2) A notice to vacate under subsection (1) may
specify a termination date that is--
15 (a) the date on which the notice is given; or
(b) a later date.
(3) For the purposes of subsection (1), notice to
vacate may be given if a series of acts of
interruption of the quiet and peaceful enjoyment
20 of the supported residential service by other
residents, which may not individually be a serious
interruption, may amount to serious interruption
because of the frequency of the acts.
118 Offence not to provide proper notice
25 A proprietor must not require a resident to vacate
a supported residential service without providing
appropriate notice to vacate in accordance with
this Division.
Penalty: 20 penalty units, in the case of a natural
30 person;
100 penalty units, in the case of a body
corporate.
Note
See also section 77.
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Division 3--Notice by resident
119 Notice of resident's intention to vacate supported
residential service
(1) A resident who intends to vacate a supported
5 residential service must give notice of intention to
vacate to the proprietor within the relevant time
period under subsection (2).
(2) The required period for a notice of intention to
vacate is--
10 (a) if the residential and services agreement
specifies a notice period, not less than the
notice period specified in that agreement; or
(b) in any other case, not less than 2 days.
(3) For the purposes of subsection (1), an intention to
15 be temporarily absent from a supported residential
service is not to be taken as an intention to vacate
the supported residential service.
Examples
A holiday or for hospitalisation.
20 (4) Nothing in this section affects a proprietor's right
to issue a notice to vacate under sections 109 to
117.
(5) Subsection (1) does not apply to a resident of a
supported residential service whose occupation of
25 the supported residential service is by an
agreement for short-term accommodation only.
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120 Offence to require more than 28 days notice of
intention to leave supported residential service
A proprietor must not require a resident to give
more than 28 days notice of a resident's intention
5 to vacate the supported residential service.
Penalty: 10 penalty units, in the case of a natural
person;
50 penalty units, in the case of a body
corporate.
10 Division 4--Enforcement
121 Resident may apply to VCAT
(1) A resident who has received a notice to vacate
under Division 2 may apply to VCAT challenging
the validity of the notice to vacate on one or more
15 of the following grounds--
(a) that the notice to vacate has a defect on the
face of it;
(b) that the notice to vacate was not issued in
accordance with this Act;
20 (c) that the ground on which the notice to vacate
was issued is not established.
(2) Subject to subsection (3), an application under
subsection (1) must be made within 28 days after
the notice to vacate is received.
25 (3) An application under subsection (1) in respect of a
notice to vacate given under section 110, 116 or
117 must be made within 5 days after the notice to
vacate is received.
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122 What can VCAT order?
(1) In considering an application under section 121,
VCAT may--
(a) determine whether or not the notice to vacate
5 is valid; or
(b) dismiss the application.
(2) If VCAT determines that the notice to vacate is
valid, VCAT--
(a) must confirm the notice to vacate; and
10 (b) may issue an order to vacate.
(3) If VCAT determines that the notice to vacate is
not valid, the notice to vacate ceases to have any
effect.
123 Application by proprietor for order to vacate
15 (1) A proprietor may apply to VCAT for an order to
vacate if--
(a) the proprietor has given the resident a notice
to vacate; and
(b) the resident has not vacated the supported
20 residential service.
(2) A proprietor may apply to VCAT for an order to
vacate if--
(a) the resident has given the proprietor a notice
of intention to vacate the supported
25 residential service; and
(b) the resident has not vacated the supported
residential service.
124 Time for application for order to vacate
An application under section 123 for an order to
30 vacate may be made not later than 28 days after
the date on which the notice to vacate or the
notice of intention to vacate is to take effect.
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125 VCAT must make order to vacate in certain
circumstances
(1) VCAT must make an order requiring a resident to
vacate a supported residential service on the day
5 specified in the order to vacate if satisfied--
(a) in the case of an application where notice to
vacate has been given by the proprietor,
that--
(i) the proprietor was entitled to give the
10 notice to vacate; and
(ii) the notice to vacate has not been
withdrawn; and
(b) in the case of an application where a notice
of intention to vacate has been given by a
15 resident, that the proprietor acted reasonably
by relying on the notice of intention to
vacate; and
(c) that the proprietor has complied with section
72 of the Victorian Civil and
20 Administrative Tribunal Act 1998; and
(d) that the resident is still residing at the
supported residential service after the
termination date specified in the notice to
vacate or notice of intention to vacate, as the
25 case requires.
(2) If an application for an order to vacate is made
under section 123(2)--
(a) the application must be heard within 14 days
after the application is made; and
30 (b) any order to vacate must be made within
7 days of that hearing.
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126 Application for order to vacate to be dismissed or
adjourned in certain circumstances
(1) VCAT may dismiss or adjourn an application for
an order to vacate if--
5 (a) the application is in respect of a notice to
vacate given under section 111; and
(b) VCAT considers that satisfactory
arrangements have been or can be made to
avoid financial loss to the proprietor.
10 (2) An adjournment under subsection (1) may be on
any terms VCAT thinks fit.
(3) On the resumption of an adjourned hearing,
VCAT--
(a) may make an order to vacate if the resident
15 has continued to accrue arrears of fees during
the adjournment period; and
(b) must dismiss the application if the resident--
(i) has paid all the arrears which were the
subject of the original application; and
20 (ii) has accrued no further arrears of fees
from the time of the application to the
date of resumption of the adjourned
hearing.
127 Order to vacate not to be made in certain
25 circumstances
Despite section 125, VCAT must not make an
order to vacate if--
(a) the application for the order to vacate is in
respect of a notice to vacate given under
30 section 117; and
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(b) VCAT is satisfied that--
(i) the interruption to quiet and peaceful
enjoyment of the supported residential
service has ceased; and
5 (ii) the disturbance is not a recurrence and
will not be repeated.
128 Contents of an order to vacate
An order to vacate must include--
(a) the day by which the resident must vacate
10 the supported residential service (being a day
not more than 30 days after the day on which
the order to vacate is made and not earlier
than the date specified under section 107(a));
and
15 (b) a direction to the resident to vacate the
supported residential service by the day
specified in the order to vacate; and
(c) a direction to the principal registrar of VCAT
to issue a warrant to remove the resident
20 from the supported residential service on the
application of the proprietor; and
(d) a warning that, if the resident fails to comply
with the direction under subsection (1)(b), he
or she may be forcibly removed from the
25 supported residential service by--
(i) a member of the police force; or
(ii) an authorised person executing a
warrant.
129 Issue of warrant to remove resident
30 (1) A person who obtains an order to vacate under
this Division may apply to the principal registrar
of VCAT for a warrant to remove the resident--
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(a) immediately, if the order to vacate so
provides; or
(b) within 6 months after the date of the order to
vacate if the resident fails to comply with the
5 order to vacate.
(2) A warrant must be executed within the time stated
in the order to vacate, which must not exceed
30 days after the date of issue of the warrant.
__________________
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PART 7--MONITORING AND ENFORCEMENT
Division 1--Authorised officers
130 Secretary may appoint authorised officers
(1) Subject to subsection (2), the Secretary, by
5 instrument, may appoint a person employed under
Part 3 of the Public Administration Act 2004 to
be an authorised officer for the purposes of this
Act.
(2) The Secretary must not appoint a person to be an
10 authorised officer unless the Secretary is satisfied
that the person is suitably qualified or trained to
be an authorised officer for the purposes of this
Act.
(3) An appointment of a person as an authorised
15 officer may--
(a) specify the functions, duties or powers under
this Act or the regulations in respect of
which that person is an authorised officer;
and
20 (b) be made subject to any conditions that the
Secretary considers appropriate.
131 Identity cards
(1) The Secretary must issue an identity card to each
authorised officer.
25 (2) An identity card issued to an authorised officer
must--
(a) contain a photograph of the authorised
officer; and
(b) contain the signature of the authorised
30 officer; and
(c) be signed by the Secretary.
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132 Directions
(1) The Secretary may give a direction to an
authorised officer in relation to--
(a) the performance of the authorised officer's
5 functions or duties; or
(b) the exercise of the authorised officer's
powers under this Act or the regulations.
(2) A direction given under subsection (1)--
(a) may be of a general nature; or
10 (b) may specify that the direction relates to a
specific matter or specified class of matter.
133 Production of identity card
(1) An authorised officer must produce his or her
identity card for inspection before exercising a
15 power under this Act or the regulations.
(2) An authorised officer must produce his or her
identity card for inspection if asked to do so by
the occupier of any premises during the exercise
of a power under this Act or the regulations.
20 (3) If an authorised officer does not comply with a
request under subsection (2), the authorised
officer must immediately cease exercising the
power under this Act or the regulations.
Division 2--Powers of entry
25 134 Power to enter--monitoring compliance
(1) Subject to subsection (2), an authorised officer
may enter, at any time, without a warrant and with
any assistants reasonably required, any premises
that an authorised officer believes is a registered
30 supported residential service for the purposes of--
(a) monitoring compliance with this Act or the
regulations; or
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(b) investigating a possible contravention of this
Act or the regulations.
(2) An authorised officer must not, under subsection
(1), enter any part of the premises that is the
5 residential premises of the proprietor unless that
authorised officer--
(a) has first given notice of his or her intention
to the proprietor and given the proprietor an
opportunity to be present; and
10 (b) has obtained the consent of the proprietor to
enter that part of the premises.
135 Power to enter unregistered premises with consent
An authorised officer may enter, at any time with
the consent of the occupier and with any assistants
15 reasonably required, any premises that the
authorised officer has a reasonable suspicion is
operating as a supported residential service in
contravention of section 9.
136 Entry to unregistered premises--search warrant
20 (1) An authorised officer may apply to a magistrate
for the issue of a search warrant in relation to
particular premises if the authorised officer
believes on reasonable grounds that a person is
carrying on business at those premises as a
25 supported residential service in contravention of
section 9.
(2) A magistrate may issue a search warrant if the
magistrate is satisfied by evidence on oath,
whether oral or by affidavit, that there are
30 reasonable grounds for suspecting that a person is
carrying on business at the premises as a
supported residential service in contravention of
section 9.
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(3) A search warrant issued under this section must--
(a) be directed to a named authorised officer;
and
(b) authorise him or her, and any assistants he or
5 she reasonably requires, to enter the
premises, or the part of the premises, named
or described in the warrant to search for any
article, thing or material of a kind named or
described in the warrant which there is
10 reasonable grounds to believe will afford
evidence as to the commission of an offence
against section 9.
(4) In addition to any other requirement, a search
warrant issued under this section must state--
15 (a) the offence suspected;
(b) the premises to be searched;
(c) any conditions to which the warrant is
subject;
(d) whether entry is authorised to be made at any
20 time of the day or night or during specified
hours;
(e) that the warrant authorises entry on only one
occasion;
(f) a day, not later than 7 days after the warrant
25 is issued, on which it ceases to have effect.
137 Investigating an offence--search warrant
(1) An authorised officer may apply to a magistrate
for the issue of a search warrant in relation to
particular premises if the officer believes on
30 reasonable grounds that there is, or may be within
the next 72 hours, a particular thing (including a
document) at the premises that may afford
evidence of the commission of an offence against
this Act or the regulations.
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(2) A magistrate may issue the search warrant if the
magistrate is satisfied by evidence on oath,
whether oral or by affidavit, that there are
reasonable grounds for suspecting that there is, or
5 may be within 72 hours, a particular thing
(including a document) at the premises that may
afford evidence of the commission of an offence
against this Act or the regulations.
(3) The search warrant may authorise a named
10 authorised officer and any assistants the
authorised officer considers necessary--
(a) to enter the premises or part of the premises
named or described in the warrant; and
(b) to search for the thing named or described in
15 the warrant.
(4) In addition to any other requirement, a search
warrant issued under this section must state--
(a) the offence suspected;
(b) the premises to be searched;
20 (c) a description of the thing for which the
search is to be made;
(d) any conditions to which the warrant is
subject;
(e) whether entry is authorised to be made at any
25 time or during specified hours;
(f) that the warrant authorises entry on only one
occasion;
(g) a day, not later than 7 days after the warrant
is issued, on which it ceases to have effect.
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138 Search warrants--general
(1) Subject to subsection (3), a search warrant issued
under this Division must be issued in accordance
with the Magistrates' Court Act 1989 and in the
5 form prescribed under that Act.
(2) The rules that apply to search warrants set out in
the Magistrates' Court Act 1989 extend and
apply to search warrants under this Division.
(3) Despite section 78 of the Magistrates' Court Act
10 1989, a search warrant must not authorise an
authorised officer to arrest a person.
Division 3--Procedure for entry
139 Announcement before exercising power of entry
Before entering any premises in the exercise of a
15 power under this Act or the regulations, an
authorised officer must--
(a) announce that he or she is an authorised
officer who is authorised under this Act to
enter the premises; and
20 (b) give any person in the premises a reasonable
opportunity to allow entry to the premises.
140 Notice required if power of entry exercised without
proprietor or occupier being present
(1) If an authorised officer exercises a power of entry
25 under this Act without the proprietor or occupier
being present, the authorised officer must, on
departing the premises, leave a notice setting
out--
(a) the time of entry;
30 (b) the purpose of entry;
(c) a description of all things done while on the
premises;
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(d) the time of departure;
(e) the procedure for contacting the Secretary
for further details of the entry.
(2) Subsection (1) does not apply if the premises
5 are--
(a) abandoned; or
(b) vacant land; or
(c) public land.
141 Announcement before entry on warrant
10 (1) Subject to subsection (2), before executing a
search warrant, the authorised officer named in
the warrant, or a person assisting the authorised
officer, must--
(a) announce that he or she is authorised by the
15 warrant issued under this Act to enter the
premises; and
(b) give any person at the premises an
opportunity to allow that entry.
(2) Subject to any terms or conditions in the warrant,
20 an authorised officer, or person assisting the
authorised officer, need not comply with
subsection (1) if he or she believes on reasonable
grounds that immediate entry to the premises is
needed to ensure--
25 (a) the health or safety of any person; or
(b) that the effective execution of the warrant is
not frustrated.
142 Copy of warrant to be given to occupier
If an occupier or apparent occupier is present at
30 the premises when a search warrant is being
executed, an authorised officer executing the
warrant must--
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(a) identify himself or herself to that person by
producing his or her identity card for
inspection; and
(b) give that person a copy of the execution copy
5 of the warrant.
Division 4--Powers after entry
143 General powers of authorised officers
(1) An authorised officer who enters any premises
under the powers conferred by this Act or under a
10 warrant may do any of the following--
(a) inspect, examine or make enquiries at the
premises;
(b) examine or inspect any thing (including a
document or part of a document) at the
15 premises;
(c) bring any equipment or materials to the
premises that may be required;
(d) seize any thing (including a document) at the
premises if the authorised officer believes on
20 reasonable grounds that--
(i) the seizure is required to determine
whether there has been a contravention
of this Act or the regulations; or
(ii) the seized thing may be used as
25 evidence in a possible prosecution for a
contravention of this Act or the
regulations; or
(iii) the seizure is required to minimise a
risk to the health of any person; or
30 (iv) it is necessary to seize the thing in order
to prevent its concealment, loss or
destruction;
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(e) take a sample of, or from, any thing at the
premises for examination, analysis,
measurement or testing;
(f) analyse, measure or test any thing at the
5 premises with equipment brought to the
premises or already at the premises;
(g) take any photographs or make any audio or
visual recordings at the premises;
(h) make copies of, or take extracts from, any
10 document kept at the premises;
(i) use or test any equipment at the premises;
(j) do any other thing that is reasonably
necessary for the purpose of the authorised
officer performing or exercising his or her
15 functions or powers under this Act or the
regulations.
(2) In doing any thing referred to in subsection (1), an
authorised officer may be assisted by any person.
144 Power to direct persons to produce documents,
20 operate equipment or answer questions
(1) An authorised officer who enters any premises
under section 134 may direct a person at the
premises to--
(a) produce a document or part of a document
25 located at the premises that is in the person's
possession or control;
(b) operate equipment to access information
from that equipment;
(c) answer any questions put by the authorised
30 officer.
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(2) A person must not contravene a direction under
subsection (1) without a reasonable excuse.
Penalty: 10 penalty units, in the case of a natural
person;
5 50 penalty units, in the case of a body
corporate.
(3) Before directing a person to produce a document
or part of a document or to answer questions
under subsection (1), an authorised officer must--
10 (a) warn the person that a refusal or failure to
comply with the direction, without
reasonable excuse, is an offence; and
(b) inform the person that he or she may refuse
or fail to answer any question if answering
15 the question would tend to incriminate them.
(4) A person is not liable to be prosecuted for an
offence against subsection (2) if the authorised
officer concerned failed to comply with section
133 and subsection (3).
20 145 Authorised officers to give receipts for seized things
and samples taken
(1) If an authorised officer seizes a thing, or takes a
sample of, or from, a thing at any premises under
this Division, the authorised officer must give a
25 receipt in the prescribed form for the thing to the
person in charge of the thing or the premises from
which it was taken.
(2) If for any reason it is not practicable for an
authorised officer to comply with subsection (1),
30 the authorised officer may--
(a) leave the receipt at the premises in a
conspicuous position and in a reasonably
secure way; or
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(b) send the receipt to the occupier of the
premises where the thing was seized or the
sample was taken.
146 Copies of seized documents
5 If an authorised officer retains possession of a
document seized from a person under this
Division, within 21 days of the seizure the
authorised officer must give the person a copy of
the document certified as correct by the authorised
10 officer.
147 Retention and return of seized documents or things
(1) If an authorised officer seizes a document or other
thing under this Division, the authorised officer
must take reasonable steps to return the document
15 or thing to the person from whom it was seized if
the reason for its seizure no longer exists.
(2) If the document or thing seized has not been
returned within 3 months after it was seized, the
authorised officer must take reasonable steps to
20 return it unless--
(a) proceedings for the purpose for which the
document or thing was retained have
commenced within that 3 month period and
those proceedings (including any appeal)
25 have not been completed; or
(b) the Magistrates' Court makes an order under
section 148 extending the period during
which the document or thing may be
retained.
30 148 Magistrates' Court may extend 3 month period
(1) An authorised officer may apply to the
Magistrates' Court for an extension (not exceeding
3 months) of the period for which the authorised
officer may retain a document or thing seized
35 under this Division--
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(a) within 3 months after the seizure; or
(b) if an extension has been granted under this
section, before the end of the period of the
extension.
5 (2) The Magistrates' Court may order the extension of
the period during which a seized document or
thing may be retained if it is satisfied--
(a) that retention of the document or thing is
necessary in the interests of justice; and
10 (b) that the total period of retention does not
exceed 12 months; and
(c) that retention of the document or other thing
is necessary--
(i) for the purposes of an investigation into
15 whether a contravention of this Act or
the regulations has occurred; or
(ii) to enable evidence of a contravention of
this Act or the regulations to be
obtained for the purposes of a
20 proceeding under this Act.
(3) At least 7 days prior to the hearing of an
application under this section, notice of the
application must be sent to the proprietor of the
document or thing described in the application.
25 149 Court may order destruction of seized documents or
things
(1) The Secretary may apply to a court for an order
permitting destruction of a document or other
thing seized by an authorised officer under this
30 Division if--
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(a) the authorised officer is not able to return it
to its owner, after taking reasonable steps to
do so in accordance with section 147; or
(b) the thing is dangerous.
5 (2) On an application under subsection (1), a court
may make--
(a) an order permitting the destruction of a
document or other thing if satisfied that it is
appropriate to do so; and
10 (b) any other order that it considers to be
appropriate, including, but not limited to, an
order relating to the payment by the owner of
the document or other thing of the costs of,
and any costs incidental to, the destruction of
15 the document or other thing.
(3) At least 7 days prior to the hearing of an
application under this section, notice of the
application must be sent to--
(a) the owner of the document or other thing
20 described in the application; or
(b) the person from whom the document or other
thing described in the application were
seized.
150 Protection against self-incrimination
25 (1) Subject to subsection (2), a natural person may
refuse or fail to give information or do any other
thing that the person is required to do by or under
this Act or the regulations if giving the
information or doing the other thing would tend to
30 incriminate the person.
(2) Subsection (1) does not apply to--
(a) the production of a document or part of a
document that the person is required by this
Act or the regulations to produce; or
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(b) the giving of a person's name or address in
accordance with this Act or the regulations.
151 Police assistance
On the request of an authorised officer, a member
5 of the police force may assist the authorised
officer in the performance of the duties of the
authorised officer.
Division 5--Offences and complaints
152 Offence to obstruct or hinder
10 A person must not, without reasonable excuse,
obstruct or hinder an authorised officer who is
exercising a power under this Act or the
regulations.
Penalty: 60 penalty units.
15 153 Offence to impersonate authorised officer
A person who is not an authorised officer must
not, in any way, hold himself or herself out to be
an authorised officer.
Penalty: 60 penalty units.
20 154 Complaints
(1) Any person may complain to the Secretary about
the exercise of a power by an authorised officer
under this Act or the regulations.
(2) A complaint to the Secretary under subsection (1)
25 may be made--
(a) in writing; or
(b) in any other form approved by the Secretary.
(3) The Secretary must--
(a) investigate any complaint made to the
30 Secretary in accordance with subsection (2);
and
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(b) provide a written report to the complainant
on the results of the investigation.
Division 6--Infringements
155 Infringement notice
5 (1) An authorised officer may issue an infringement
notice to a person who the authorised officer has
reason to believe has committed an offence
against this Act or the regulations that is
prescribed to be an infringement offence.
10 (2) An offence referred to in subsection (1) for which
an infringement notice may be issued is an
infringement offence within the meaning of the
Infringements Act 2006.
(3) The infringement penalty for an infringement
15 offence prescribed under subsection (1) is the
prescribed infringement penalty in relation to that
offence.
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PART 8--FURTHER ENFORCEMENT PROVISIONS
Division 1--Undertakings
156 Undertakings
(1) The Secretary may accept an undertaking given by
5 a proprietor if the Secretary believes that the
proprietor has contravened a provision of this Act
or the regulations.
(2) An undertaking under subsection (1) must--
(a) be in writing; and
10 (b) specify the non-compliance issue or alleged
contravention; and
(c) specify the actions the proprietor is required
to undertake; and
(d) specify the period within which those actions
15 must be completed; and
(e) include any other relevant matter agreed to
by the Secretary and the proprietor.
(3) The proprietor may withdraw or vary an
undertaking at any time with the prior written
20 consent of the Secretary.
157 Compliance with and effect of undertaking
(1) Whilst an undertaking is in force and being
complied with--
(a) no proceeding may be brought for an offence
25 against this Act or the regulations constituted
by the contravention or alleged contravention
to which the undertaking relates; and
(b) no other enforcement action available to the
Secretary or the Minister under this Act may
30 be taken in respect of any contravention or
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alleged contravention to which the
undertaking relates.
(2) If a proprietor fulfils an undertaking in full, at the
expiry of the undertaking, no proceeding may be
5 brought for the offence against this Act or the
regulations constituted by the contravention or
alleged contravention to which that undertaking
related.
(3) If a proprietor partially fulfils an undertaking, at
10 the expiry of the undertaking, no proceeding may
be brought for the offence against this Act or the
regulations constituted by the contravention or
alleged contravention to which that undertaking
related so far as the undertaking has been partially
15 fulfilled.
158 Proprietor to display undertaking
A proprietor who gives an undertaking must cause
a copy of that undertaking to be displayed in a
conspicuous place on the premises of the
20 supported residential service in a manner that
invites public attention.
Penalty: 10 penalty units, in the case of a natural
person;
50 penalty units, in the case of a body
25 corporate.
159 Secretary may maintain list of undertakings
(1) The Secretary may--
(a) maintain a list of undertakings; and
(b) record each undertaking in that list.
30 (2) A list of undertakings must include the
following--
(a) the name and address for service of the
person who gave the undertaking;
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(b) the date of the undertaking;
(c) a copy of the undertaking.
(3) A list of undertakings--
(a) must be publicly available; and
5 (b) may be published on the Internet; and
(c) may be inspected by any person at any
reasonable time, without charge.
Division 2--Compliance notices
160 Secretary may issue compliance notice
10 (1) The Secretary may issue a compliance notice to a
proprietor requiring the proprietor to remedy a
matter specified in the compliance notice if the
Secretary believes on reasonable grounds that the
proprietor has contravened or is contravening a
15 provision of this Act or the regulations.
(2) The Secretary may issue a compliance notice to a
proprietor requiring the proprietor to remedy a
matter specified in the compliance notice if the
Secretary believes on reasonable grounds that the
20 proprietor has contravened an undertaking.
161 Content of compliance notice
(1) A compliance notice must--
(a) state the basis for the Secretary's belief
regarding the contravention to which the
25 compliance notice relates; and
(b) specify the provision of this Act or the
regulations that the Secretary believes has
been or is being contravened; and
(c) specify a date by which the proprietor is
30 required to comply with the compliance
notice and remedy the contravention or the
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matters or activities causing the
contravention; and
(d) state the penalty for contravening the
compliance notice; and
5 Note
The penalty for contravention of the compliance
notice is set out in section 162.
(e) specify any further action that the Secretary
may take if the contravention is not
10 remedied; and
(f) state that the proprietor may seek review of
the issue of the compliance notice or any of
its terms at VCAT.
(2) A compliance notice must be in writing.
15 162 Proprietor must comply with compliance notice
A proprietor to whom a compliance notice is
issued must comply with the compliance notice.
Penalty: 240 penalty units, in the case of a
natural person;
20 1200 penalty units, in the case of a
body corporate.
163 Proprietor must display compliance notice
A proprietor to whom a compliance notice is
issued must cause a copy of that compliance
25 notice to be displayed in a conspicuous place on
the premises of the supported residential service in
a manner that invites public attention.
Penalty: 10 penalty units, in the case of a natural
person;
30 50 penalty units, in the case of a body
corporate.
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164 Compliance with and effect of compliance notice
(1) Whilst a compliance notice is in force and being
complied with--
(a) no proceeding may be brought for an offence
5 against this Act or the regulations constituted
by the contravention or alleged contravention
to which the compliance notice relates; and
(b) no other enforcement action available to the
Secretary or the Minister under this Act may
10 be taken in respect of any contravention or
alleged contravention to which the
compliance notice relates.
(2) If a proprietor fulfils all the requirements of a
compliance notice, at the expiry of the compliance
15 notice, no proceeding may be brought for the
offence against this Act or the regulations
constituted by the contravention or alleged
contravention to which that compliance notice
related.
20 (3) If a proprietor partially complies with a
compliance notice, at the expiry of the compliance
notice, no proceeding may be brought for the
offence against this Act or the regulations
constituted by the contravention or alleged
25 contravention to which that part of the compliance
notice related so far as that compliance notice has
been partially fulfilled.
165 Secretary may maintain list of compliance notices
(1) The Secretary may--
30 (a) maintain a list of compliance notices; and
(b) record each compliance notice in that list.
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(2) A list of compliance notices must include the
following--
(a) the name and address for service of the
person to whom the compliance notice was
5 issued;
(b) the date of the compliance notice;
(c) a copy of the compliance notice.
(3) A list of compliance notices--
(a) must be publicly available; and
10 (b) may be published on the Internet; and
(c) may be inspected by any person at any
reasonable time, without charge.
Division 3--Censure, suspension and revocation
166 Censure
15 (1) If the Minister is satisfied that at least one of the
following applies in respect of a supported
residential service, the Minister may censure the
proprietor in accordance with this section--
(a) the proprietor has failed to carry on the
20 supported residential service in accordance
with this Act, the regulations or any
condition of registration;
(b) the proprietor has been convicted of an
offence against this Act, the Health Services
25 Act 1988 or the regulations made under
either of those Acts;
(c) the proprietor is or was operating a supported
residential service that is or was not
registered under this Act.
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(2) If the Minister proposes to censure the proprietor,
before making a decision on the matter the
Minister must--
(a) give notice to the proprietor of the Minister's
5 proposal; and
(b) consider any submissions, whether oral or in
writing, made to the Minister by the
proprietor within 7 days after the giving of
the notice.
10 (3) If the Minister decides to censure the proprietor,
the Minister must--
(a) give notice of the censure to the proprietor;
and
(b) cause to be tabled in each House of the
15 Parliament within 7 sitting days of the House
after the notice is given to the proprietor--
(i) a copy of the notice; and
(ii) a report of the circumstances leading to
the censure; and
20 (iii) a copy of any written submissions made
by the proprietor.
(4) The powers of the Minister under this section may
be exercised concurrently with any other powers
under this Part.
25 (5) Any notice by the Minister under this section must
be in writing.
167 Suspension of admissions
(1) If the Minister is satisfied that at least one of the
following applies in respect of a supported
30 residential service, the Minister may direct that
the admission of residents to the supported
residential service be suspended in accordance
with this section--
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(a) the proprietor has failed to carry on the
supported residential service in accordance
with this Act, the regulations or any
condition of registration;
5 (b) the proprietor has been convicted of an
offence against this Act, the Health Services
Act 1988 or the regulations made under
either or both Acts;
(c) the proprietor or the premises of the
10 supported residential service no longer meet
the registration criteria.
(2) If the Minister decides that the admission of
residents to a supported residential service should
be suspended, the Minister, in writing, may direct
15 the proprietor to suspend admissions immediately
or on and after a specified date.
(3) If the Minister decides that the admission of
residents to a supported residential service should
be suspended, the Minister must--
20 (a) invite any submissions, whether oral or in
writing, to be made to the Minister by the
proprietor within 7 days after the giving of
the direction; and
(b) consider any submissions made under
25 paragraph (a); and
(c) decide whether or not the suspension should
be withdrawn or confirmed and if confirmed,
the period for which the suspension should
operate; and
30 (d) give notice of the Minister's decision to the
proprietor.
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(4) A direction to suspend admissions has effect
immediately or on and after the specified date, as
the case requires, and continues in force until--
(a) if an application is made to VCAT and
5 VCAT determines that the suspension ceases
to have effect--the date fixed by VCAT; or
(b) the Minister revokes the direction.
(5) A proprietor must comply with a direction under
subsection (1).
10 Penalty: 120 penalty units, in the case of a
natural person;
600 penalty units, in the case of a body
corporate.
168 Revocation of registration
15 (1) If the Minister is satisfied that at least one of the
following applies in respect of a supported
residential service, the Minister may revoke the
registration of the supported residential service in
accordance with this section--
20 (a) the proprietor has failed to carry on the
supported residential service in accordance
with this Act, the regulations or any
condition of registration;
(b) the proprietor has been convicted of an
25 offence against this Act, the Health Services
Act 1988 or the regulations made under
either or both Acts;
(c) the proprietor or the premises of the
supported residential service no longer meet
30 the registration criteria.
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(2) If subsection (1) applies, the Minister may give
notice in writing to the proprietor--
(a) revoking the registration on the expiration of
14 days after the day on which the notice is
5 given; or
(b) stating the Minister's intention to revoke the
registration unless satisfactory arrangements
are made to remedy any failure to comply, or
to be able to continue to comply, with this
10 Act, the regulations or any conditions of
registration within the period (being not less
than 14 days) specified in the notice.
(3) In determining whether to give a notice under
subsection (2), the Minister must consider--
15 (a) the conduct of the proprietor;
(b) the seriousness of any contraventions of this
Act, the regulations or any conditions
applying to registration;
(c) the seriousness of any failure to comply with
20 any compliance notice or any undertaking;
(d) in the case of repeated contraventions in
relation to matters referred to in paragraphs
(b) or (c), the volume of the contraventions;
(e) whether any such contraventions could have
25 been avoided by the exercise of reasonable
care;
(f) any circumstances that may prevent the
proprietor from being able to continue to
carry on the supported residential service in
30 accordance with this Act, the regulations or
any conditions of registration.
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Division 4--Appointment of an administrator
169 Displacement of other laws--appointment of
administrator
(1) Sections 170 to 181 are declared to be
5 Corporations legislation displacement provisions
for the purposes of section 5G of the Corporations
Act in relation to the provisions of Chapter 5 of
that Act.
Note
10 Section 5G of the Corporations Act provides that if a State
law declares a provision of a State law to be a Corporations
legislation displacement provision for the purposes of that
section, any provision of the Corporations legislation with
which the State provision would otherwise be inconsistent
15 does not operate to the extent necessary to avoid the
inconsistency.
(2) This Division applies despite anything to the
contrary in the Co-operatives Act 1996 or the
Associations Incorporation Act 1981.
20 170 Minister may appoint administrator of supported
residential service
(1) Subject to subsections (2) and (3), the Minister
may appoint a person to be the administrator of a
supported residential service if--
25 (a) the Minister revokes, or serves notice of
intention to revoke, the registration of the
supported residential service; or
(b) the Minister believes on reasonable grounds
that the appointment of an administrator to
30 the supported residential service is necessary
to protect the interests of the residents of the
supported residential service; or
Examples
Examples of this include where the well-being of
35 residents or residents' rights are, or are likely to be
compromised; minimum standards of accommodation
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and personal support services are not being met or
there is significant or repeated non-compliance with
this Act or the regulations.
(c) the supported residential service is operating
5 without registration; or
(d) the Secretary cancels the registration of the
supported residential service; or
(e) the proprietor or, in the case of a proprietor
that is a body corporate, the sole director or
10 the secretary dies or becomes incapable of
managing and operating the supported
residential service; or
(f) the proprietor has failed to appoint a
manager in accordance with this Act.
15 (2) An appointment under subsection (1) must not be
made unless the Minister--
(a) has consulted with the proprietor or, in the
case of the death or incapacity of the
proprietor or the sole director or secretary of
20 a proprietor that is a body corporate, the
proprietor's legal representative, unless
reasonable efforts to consult have been
unsuccessful; and
(b) is satisfied that it is necessary to appoint an
25 administrator to ensure that accommodation
and personal support continue to be provided
to residents of the supported residential
service in accordance with this Act or the
regulations, whether or not by the relocation
30 of the residents.
(3) The Minister may appoint an administrator of a
supported residential service at the request of the
proprietor.
(4) An appointment of an administrator must be in
35 writing.
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171 Period of appointment
(1) Subject to section 175, the appointment of an
administrator under section 170 has effect--
(a) if the administrator is appointed at the
5 request of the proprietor, for the period
agreed by the Minister and the proprietor;
and
(b) in any other case, subject to subsection (2),
for the period, not exceeding 180 days,
10 determined by the Minister.
(2) Before the expiry of the period for which the
appointment of an administrator has effect
determined by the Minister, the Minister may
extend the period of the appointment for any
15 further period that the Minister considers to be
reasonably required to complete the
administration.
172 Functions and powers of administrator
(1) The functions of an administrator of a supported
20 residential service are--
(a) to manage and operate the service, taking
into account the principles set out in Part 2
and the accommodation and personal support
standards prescribed under this Act; and
25 (b) to ensure that suitable accommodation and
special or personal support for residents of
the supported residential service is
provided--
(i) at the supported residential service; or
30 (ii) if necessary, by relocation to another
supported residential service.
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(2) During the appointment of an administrator of a
supported residential service, an administrator
may do any thing necessary or desirable for the
purpose of carrying out his or her function as an
5 administrator in the name of, or as agent of, the
proprietor.
(3) Without limiting subsection (1) or (2), an
administrator of a supported residential service
may--
10 (a) enter and occupy the supported residential
service;
(b) manage and operate the supported residential
service;
(c) put into place a financial management
15 system in relation to the supported
residential service including--
(i) receiving fees from or on behalf of a
resident in respect of the resident's
accommodation and personal support at
20 the supported residential service;
(ii) receiving money from or on behalf of a
resident as an allowance for a resident
and appropriately distributing that
money to the resident or using it for the
25 benefit of the resident;
(iii) establishing and maintaining a trust
account at an ADI into which money
received from or on behalf of residents
may be paid;
30 (iv) making payments in relation to the
exercise of any power of the
administrator;
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(d) inspect and take possession of any document
in connection with the operation and
management of the supported residential
service;
5 (e) use, repair or replace any equipment or
facilities in the supported residential service;
(f) prepare and distribute to the residents for
consumption any food stored at the
supported residential service;
10 (g) enter into or renew any contract for the
provision of goods or services or any lease
contract or any contract of insurance in
relation to the operation and management of
the supported residential service;
15 (h) engage new members of staff or dismiss
members of staff of the supported residential
service;
(i) appoint or engage any legal practitioner,
accountant or other professionally qualified
20 person to assist the administrator;
(j) by notice in writing, require a report
containing the information specified in the
notice as to the business affairs of the
proprietor to be prepared by--
25 (i) the proprietor; or
(ii) any employee of the proprietor; or
(iii) in the case of a proprietor that is a body
corporate, a director or an officer of the
proprietor.
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(4) In carrying out his or her functions and exercising
any power as an administrator, an administrator
must comply with--
(a) any direction given by the Secretary; and
5 (b) any guidelines issued by the Secretary in
relation to administrators of supported
residential services.
(5) If a person is appointed as administrator of a
supported residential service, any contract,
10 agreement or arrangement for the provision of
equipment or services or the use of premises for
the purposes of carrying on the supported
residential service continues in force despite the
appointment.
15 (6) If a person has been appointed as an administrator
of a supported residential service, a resident may
make payments in relation to the resident's
accommodation and personal support at the
supported residential service to the administrator.
20 173 Financially unviable supported residential service
(1) Subject to subsection (2), an administrator
appointed to manage and operate a supported
residential service is not required to continue to
manage or operate that supported residential
25 service if the administrator, after undertaking an
assessment, determines that it is not financially
viable to continue managing and operating that
supported residential service.
(2) An administrator must not cease managing and
30 operating a supported residential service that is
not financially viable until the administrator has
relocated all residents of that supported residential
service to other suitable accommodation.
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174 Proprietor to pay Secretary costs incurred by
appointment of administrator
A person who is or has been the proprietor of a
supported residential service for which an
5 administrator has been appointed is liable to pay
to the Secretary the amount determined by the
Secretary as the amount of costs incurred--
(a) in connection with the appointment of the
administrator; or
10 (b) by the administrator in connection with the
management and operation of the supported
residential service.
175 Additional matters--failure to appoint manager in
accordance with Act
15 (1) This section applies if an administrator is
appointed in accordance with section 170(1)(f).
(2) The appointment of an administrator is
automatically terminated if the Secretary--
(a) approves a person as a manager of the
20 supported residential service under
Division 6 of Part 4; and
(b) that person is employed in accordance with
this Act.
(3) An administrator of a supported residential service
25 must not relocate any resident of the supported
residential service unless--
(a) the relocation is for the purposes of ensuring
that the resident receives appropriate
personal support or health care; or
30 (b) the resident has requested the relocation; or
(c) the proprietor has consented.
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176 Offence to remove equipment or other property
During the appointment of an administrator of a
supported residential service, a person must not,
without the consent of the administrator, remove
5 from the supported residential service any
equipment or other property (whether or not
owned by the proprietor) which is reasonably
necessary for the proper and efficient functioning
of the supported residential service.
10 Penalty: 60 penalty units, in the case of a natural
person;
300 penalty units in the case of a body
corporate.
177 Offence to hinder and obstruct administrator
15 A person must not, without reasonable excuse,
hinder or obstruct an administrator of a supported
residential service carrying out his or her
functions or exercising a power under this
Division.
20 Penalty: 60 penalty units, in the case of a natural
person;
300 penalty units in the case of a body
corporate.
178 Disposal of interests
25 (1) During the appointment of an administrator of a
supported residential service, a person must not,
without the consent of the administrator, dispose
of any interest of the proprietor in the premises of
the supported residential service, whether a
30 freehold interest, a lease or a licence or similar
proprietary interest.
Penalty: 60 penalty units, in the case of a natural
person;
300 penalty units in the case of a body
35 corporate.
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(2) An administrator of a supported residential service
must not unreasonably withhold consent to a
disposal of an interest referred to in subsection
(1).
5 179 Entering or exercising rights under contracts
(1) During the appointment of an administrator of a
supported residential service, the proprietor must
not, without the consent of the administrator, enter
into any contract relating to the supported
10 residential service.
Penalty: 60 penalty units, in the case of a natural
person;
300 penalty units in the case of a body
corporate.
15 (2) During the appointment of an administrator of a
supported residential service, the proprietor must
not, without the consent of the administrator,
terminate any contract relating to the supported
residential service.
20 Penalty: 60 penalty units, in the case of a natural
person;
300 penalty units in the case of a body
corporate.
(3) During the appointment of an administrator of a
25 supported residential service, the proprietor must
not, without the consent of the administrator, vary
any contract relating to the supported residential
service.
Penalty: 60 penalty units, in the case of a natural
30 person;
300 penalty units in the case of a body
corporate.
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(4) During the appointment of an administrator of a
supported residential service, the proprietor must
not, without the consent of the administrator,
exercise any other right under any contract
5 relating to the supported residential service.
Penalty: 60 penalty units, in the case of a natural
person;
300 penalty units in the case of a body
corporate.
10 (5) An administrator of a supported residential service
must not unreasonably withhold consent under
this section.
180 Issuing notices to vacate to residents
(1) During the appointment of an administrator of a
15 supported residential service, the proprietor must
not, without the consent of the administrator, issue
any notice to vacate to a resident.
Penalty: 60 penalty units, in the case of a natural
person;
20 300 penalty units in the case of a body
corporate.
(2) An administrator of a supported residential service
must not unreasonably withhold consent to the
issuing of a notice to vacate to a resident.
25 181 Compensation
(1) A person who suffers loss as a result of--
(a) the appointment of an administrator; and
(b) the operation of section 172(5) or section
176--
30 is entitled to be paid the compensation that the
Minister, on the recommendation of the Secretary,
determines.
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(2) Any liability of the Secretary under this Division
shall be paid from the Consolidated Fund which is
hereby to the necessary extent appropriated
accordingly.
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Part 9--Community Visitors
s. 182
PART 9--COMMUNITY VISITORS
182 Appointment of community visitors
The Governor in Council may appoint persons
nominated by the Minister as community visitors
5 for each region.
183 Terms and conditions of appointment
(1) Each community visitor--
(a) holds office for a period of 3 years from the
date of appointment;
10 (b) is eligible for re-appointment;
(c) is entitled to be paid fees and travelling and
other allowances as are from time to time
fixed by the Governor in Council;
(d) is not, in respect of the office of community
15 visitor, subject to the Public Administration
Act 2004.
(2) The Governor in Council, in the instrument of
appointment of a person as a community visitor,
may specify terms and conditions of appointment
20 in addition to those specified in subsection (1).
(3) A person must not be appointed as a community
visitor for a region if the person--
(a) is an officer or employee of the Department
or a person who holds any other appointment
25 with the Department; or
(b) has any interests which conflict or may
conflict with the best interests of residents of
a supported residential service in that region.
(4) In nominating persons for appointment as
30 community visitors for a region, the Minister must
ensure that both men and women are adequately
represented.
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(5) The Governor in Council, on the recommendation
of the Minister, may remove a community visitor
from office.
(6) A person may resign from the office of
5 community visitor in writing signed by that person
and delivered to the Governor in Council.
184 Functions of a community visitor
The functions of a community visitor appointed
for a region are to visit any supported residential
10 service in the region and query--
(a) whether services are being delivered to
residents in accordance with the principles of
this Act and the accommodation and
personal support standards prescribed under
15 this Act;
(b) the status of any complaint made by or on
behalf of a resident and the progress of its
resolution, if applicable;
(c) any other issue or concern raised with the
20 community visitor by or on behalf of a
resident.
185 Panels
Any 2 community visitors for a region constitute a
panel of community visitors for that region.
25 186 Visiting supported residential services
(1) A community visitor or a panel of community
visitors for a region may visit a supported
residential service in the region with or without
any previous notice at the times and for the
30 periods that the community visitor or panel thinks
fit.
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(2) The Minister may direct a community visitor or a
panel of community visitors for a region to visit a
supported residential service in the region at the
times that the Minister directs.
5 187 Powers of community visitors
(1) A community visitor when visiting a supported
residential service in the region may--
(a) enter and look at any part of the premises of
the supported residential service;
10 (b) speak with any resident of the supported
residential service who wishes to speak to
the community visitor;
(c) ask questions of any employee of the
supported residential service relating to any
15 resident's care;
(d) look at any records required to be kept on the
premises by or under this Act.
(2) Subsection (1)(d) does not authorise a community
visitor to look at--
20 (a) a resident's medical records unless the
resident consents; or
(b) personnel records unless the relevant
member of staff consents.
188 Offence to unreasonably refuse assistance
25 A proprietor or any member of the staff or
management of a supported residential service
must not unreasonably refuse or neglect to give a
community visitor any reasonable assistance that
the community visitor requires to perform or
30 exercise any of the community visitor's powers or
functions effectively.
Penalty: 20 penalty units.
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189 Offence not to give full and true answers
A proprietor or any member of the staff or
management of a supported residential service
must not refuse or fail to give full and true
5 answers to the best of that person's knowledge to
any questions asked by a community visitor in the
performance or exercise of any power or function
under this Act.
Penalty: 20 penalty units.
10 190 Offence to assault, obstruct or threaten community
visitor
A proprietor or any member of the staff or
management of a supported residential service
must not assault, obstruct or threaten a community
15 visitor in the performance or exercise of any
power or function under this Act.
Penalty: 60 penalty units.
191 Request to see a community visitor
(1) A resident of a supported residential service or
20 any person on behalf of a resident of a supported
residential service may request the proprietor to
arrange for the resident to be seen by a community
visitor.
(2) The proprietor, within 2 days after receiving a
25 request under subsection (1), must advise one of
the community visitors for the region that a
request has been made.
Penalty: 20 penalty units.
192 Record of visits
30 A proprietor must keep a record in the prescribed
form of visits by community visitors.
Penalty: 10 penalty units.
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193 Community (Residential Services) Visitors Board
(1) There is established a Board to be known as the
Community (Residential Services) Visitors Board.
(2) The Community (Residential Services) Visitors
5 Board consists of--
(a) the Public Advocate; and
(b) two community visitors elected by
community visitors in accordance with the
regulations.
10 (3) The functions of the Community (Residential
Services) Visitors Board are--
(a) to represent community visitors; and
(b) to prepare and circulate publications
explaining the role of community visitors;
15 and
(c) to supervise the training of community
visitors; and
(d) to prepare an annual report.
194 Reports
20 (1) The community visitors for a region at least twice
a year must submit a joint report to the Public
Advocate on visits made by them to supported
residential services since the last report under this
section.
25 (2) The Public Advocate may report to the Secretary
upon becoming aware of any issues of concern
regarding residents of a supported residential
service.
(3) The Minister may require a panel of community
30 visitors to report to the Minister on any matter
specified by the Minister at the time and in the
manner directed by the Minister.
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195 Annual report of community visitors
(1) The Community (Residential Services) Visitors
Board must as soon as practicable after the end of
each financial year and not later than the
5 following 30 September submit to the Minister a
report on the activities of community visitors
during the financial year.
(2) The Minister must cause the annual report
prepared under subsection (1) to be laid before the
10 Legislative Council and the Legislative Assembly
before the expiration of the 14th sitting day of the
Legislative Council or the Legislative Assembly,
as the case may be, after the annual report has
been received by the Minister.
15 196 Secrecy
(1) Subject to subsection (2), a person who is or has
been, at any time, a community visitor must not,
either directly or indirectly--
(a) make a record of; or
20 (b) divulge or communicate to any person; or
(c) make use of--
any information, that is or was acquired by the
person because the person is or was appointed as a
community visitor, for any purpose, except to the
25 extent necessary for the person--
(d) to perform any official duties; or
(e) to perform or exercise any function or power
under this Act.
Penalty: 60 penalty units.
30 (2) Subsection (1) does not prevent a person from--
(a) producing a document to a court in the
course of criminal proceedings or in the
course of any proceedings under this Act; or
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(b) divulging or communicating to a court in the
course of any proceedings referred to in
paragraph (a) any matter or thing coming
under the notice of the person in the
5 performance of official duties or in the
performance of a function or the exercise of
a power referred to in that subsection; or
(c) producing a document or divulging or
communicating information that is expressly
10 authorised or permitted by any Act to be
produced, divulged or communicated; or
(d) producing a document or divulging or
communicating information with the prior
consent of the person to whom it relates or, if
15 that person has died, with the consent of the
senior available next of kin of that person.
(3) In this section--
court includes any board, tribunal or person
authorised to receive evidence;
20 senior available next of kin has the same meaning
as in the Human Tissue Act 1982.
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PART 10--GENERAL
197 Power to bring proceedings
An authorised officer or a member of the police
force may bring proceedings for an offence
5 against this Act or the regulations.
198 Extension of time limit for proceedings for certain
offences
Despite anything to the contrary in any Act, other
than the Charter of Human Rights and
10 Responsibilities Act 2006, proceedings may be
commenced within 3 years after the commission
of an alleged offence against the following
provisions--
(a) section 13, 58, 59 or 77;
15 (b) Divisions 6 and 7 of Part 4;
(c) Part 5.
199 False and misleading statements
(1) A person must not, in purported compliance with
this Act or the regulations, knowingly give
20 information or make a statement that is false or
misleading in a material particular.
Penalty: 60 penalty units.
(2) A person must not knowingly make a false or
misleading entry in a document required by this
25 Act or the regulations to be kept by or in relation
to a supported residential service.
Penalty: 60 penalty units.
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200 Damaging or destroying documents etc.
A person must not, without lawful authority,
destroy or damage any notice or document given,
prepared or kept in accordance with this Act.
5 Penalty: 60 penalty units.
201 Offences by corporations and partnerships etc.
(1) If a corporation is guilty of an offence against this
Act or the regulations, any officer of the
corporation who was in any way, by act or
10 omission, directly or indirectly, knowingly
concerned in or party to the commission of the
offence is also guilty of that offence and liable to
the penalty for that offence.
(2) If in a proceeding for an offence against this Act
15 or the regulations it is necessary to establish the
intention of a corporation, it is sufficient to show
that an employee or agent of the corporation had
that intention.
(3) A statement made by an officer of a corporation is
20 admissible as evidence against the corporation in
any proceeding against the corporation for an
offence against this Act or the regulations.
(4) In this section, officer--
(a) in relation to a corporation within the
25 meaning of the Corporations Act, has the
same meaning as in section 9 of that Act; and
(b) in relation to a corporation that is not a
corporation within the meaning of that Act,
means any person (by whatever name called)
30 who is concerned or takes part in the
management of the corporation--
but does not include an employee of the
corporation.
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(5) If this Act or the regulations provide that a person,
being a firm, partnership or an unincorporated
association, is guilty of an offence, that reference
to the person--
5 (a) in the case of a partnership, is to be read as a
reference to each member of the partnership;
and
(b) in the case of any other unincorporated body,
is to be read as a reference to each member
10 of the committee of management of the
body.
202 Evidentiary matters
In any proceedings for an offence against this Act
or the regulations, in the absence of evidence to
15 the contrary, it must be presumed that the person
bringing the proceedings is authorised to bring the
proceedings.
203 Service of notices and other documents
(1) Any notice or other document under this Act or
20 the regulations required or authorised to be given
or served to or upon any person may be served
by--
(a) giving it or serving it personally on the
person; or
25 (b) sending it by post or electronic
communication to the person at that person's
usual or last known place of residence or
business; or
(c) leaving it at that person's usual or last known
30 place of residence with a person on the
premises who is apparently at least 16 years
old; or
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(d) leaving it at that person's usual or last known
place of business with a person who is
apparently employed at the premises and
who is apparently at least 16 years old.
5 (2) Any notice or other document required to be given
to or served on a proprietor may if the name of the
proprietor is not known be addressed to the
proprietor by the description of the "proprietor".
(3) If there is more than one proprietor, it is sufficient
10 if the notice or other document is served on any
one of them and the name of any one of them is
specified with the addition of the words "and
others".
(4) This section is in addition to, and not in
15 derogation from, sections 109X and 601CX of the
Corporations Act.
204 Delegation
(1) The Minister, by instrument, may delegate any
power, function or duty of the Minister under this
20 Act or the regulations to any person or class of
persons employed under Part 3 of the Public
Administration Act 2004 except--
(a) this power of delegation; or
(b) a power under section 166.
25 (2) The Secretary, by instrument, may delegate any
power, function or duty of the Secretary under this
Act or the regulations to any person or class of
persons employed under Part 3 of the Public
Administration Act 2004 except this power of
30 delegation.
(3) A delegation under subsection (1) or (2) may be
made--
(a) in relation to a person or class of persons
specified in the instrument of delegation; or
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(b) in relation to the holder, or the holder from
time to time, of an office specified, or of
each office in a class of offices specified, in
the instrument of delegation.
5 205 Functions and duties of Secretary
(1) For the purposes of ensuring that the objectives
and principles of this Act are met, the Secretary
may--
(a) develop policies and guidelines with respect
10 to the accommodation and personal support
provided by supported residential services
and any matters relevant to this Act;
(b) encourage safety and improvement in the
quality of accommodation and personal
15 support provided by supported residential
services;
(c) do anything else the Secretary considers
appropriate.
(2) For the purposes of ensuring that the objectives
20 and principles of this Act are met the Secretary
may--
(a) collect, analyse and use data to enable the
Secretary to perform the Secretary's
functions under this or any other Act; and
25 (b) require the proprietor or any other person to
provide statistical data within 14 days of a
written request by the Secretary to do so.
206 Review of decisions
(1) A person whose interests are affected by any of
30 the following decisions of the Secretary may
apply to VCAT for review of a decision--
(a) to approve or refuse to approve an
application under this Act; or
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(b) to impose conditions on the approval of an
application or a registration under this Act;
or
(c) to vary the registration of a supported
5 residential service; or
(d) that a proposed proprietor or a proposed
manager, in the case of a natural person,
does not meet the registration criteria;
(e) that a director of a proposed proprietor, in
10 the case of a proprietor that is a body
corporate, does not meet the registration
criteria;
(f) to issue a compliance notice, or the terms of
a compliance notice;
15 (g) to determine the amount payable to the
Secretary by way of costs incurred under
section 174.
(2) A person whose interests are affected by any of
the following decisions by the Minister may apply
20 to VCAT for review of a decision--
(a) to suspend admissions to a supported
residential service; or
(b) to revoke or cancel the registration of a
supported residential service; or
25 (c) to appoint an administrator of a supported
residential service; or
(d) to extend the period of the appointment of an
administrator of a supported residential
service.
30 (3) An application for review must be made within
28 days after the later of--
(a) the day on which the decision is made; or
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(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998, the
person requests a statement of reasons for the
decision, the day on which the statement of
5 reasons is given to the person or the person is
informed under section 46(5) of that Act that
a statement of reasons will not be given.
207 Regulations
(1) The Governor in Council may make regulations
10 for or with respect to--
(a) prescribing maximum fees for
accommodation and personal support in
supported residential services;
(b) prescribing requirements with respect to
15 safety, cleanliness, accommodation, hygiene,
nutrition, comfort, privacy and respectful
treatment;
(c) prescribing the standards for accommodation
and personal support in supported residential
20 services;
(d) prescribing emergency management
procedures to be complied with, including--
(i) fire precautions;
(ii) the provision of equipment, access and
25 fire escapes;
(e) prescribing requirements for staffing of
supported residential services, including but
not limited to--
(i) appointments;
30 (ii) numbers;
(iii) required qualifications;
(iv) first aid training;
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(v) on-going training, rostering and staffing
arrangements;
(f) prescribing requirements regarding criminal
record checks of staff, including but not
5 limited to--
(i) who may access the personal
information contained in those checks;
and
(ii) to whom it may be disclosed; and
10 (iii) responsibilities for applying for or
providing those checks and paying for
those checks;
(g) prescribing requirements for the provision
and maintenance of facilities, equipment,
15 furnishings and fittings in supported
residential services;
(h) prescribing requirements for suitable storage
facilities for food and medicines;
(i) prescribing requirements for meal
20 arrangements;
(j) prescribing requirements for the supervision
of medication administration;
(k) prescribing requirements for or the
prohibition of advertising in supported
25 residential services, including prohibiting the
use of the words "supported residential
service";
(l) prescribing requirements in relation to
advising the person nominated, or other
30 persons concerned, of the condition of a
resident;
(m) prescribing requirements for the provision of
and display of information and documents in
supported residential services;
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(n) prescribing records to be kept or maintained
by supported residential services,
including--
(i) the form of records;
5 (ii) the time when or period within which
entries are to be made in the records;
(o) prescribing requirements for a complaints
system;
(p) prescribing returns or other documents or
10 information to be made or given to the
Secretary by proprietors of supported
residential services;
(q) prescribing penalties not exceeding
20 penalty units for a contravention of the
15 regulations;
(r) prescribing any other matter or thing
required or permitted by this Act to be
prescribed or necessary to be prescribed to
give effect to this Act.
20 (2) The regulations--
(a) may be of general or limited application;
(b) may differ according to differences in time,
place or circumstances;
(c) may require matters affected by the
25 regulations to be--
(i) in accordance with specified standards
or specified requirements; or
(ii) approved by, or to the satisfaction of, a
specified person or body or a specified
30 class of persons or bodies; or
(iii) as specified in both subparagraphs (i)
and (ii);
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(d) may apply, adopt or incorporate any matter
contained in any document whether--
(i) wholly or partially or as amended by
the regulations; or
5 (ii) as in force at a particular time or as
amended from time to time;
(e) may confer a discretionary authority or
impose a duty on a specified person or body
or class of persons or bodies;
10 (f) may leave any matter or thing to be from
time to time determined, applied, dispensed
with or regulated by a specified person;
(g) may provide in a specified case or class of
cases for the exemption of persons or things
15 or a class of persons or things from any of
the provisions of the regulations--
(i) whether unconditionally or on specified
conditions; and
(ii) either wholly or to such an extent as is
20 specified.
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PART 11--TRANSITIONAL PROVISIONS AND
CONSEQUENTIAL AMENDMENTS
Division 1--Transitional provisions
208 Interpretation of Legislation Act 1984
5 Nothing in this Division affects or limits the
operation of the Interpretation of Legislation
Act 1984 unless the contrary intention appears.
209 Supported residential services registered under
Health Services Act 1988 before commencement
10 (1) Subject to subsections (4) and (5), a supported
residential service registered under Part 4 of the
Health Services Act 1988 immediately before the
commencement of this Act is taken, on and from
that commencement, to be a supported residential
15 service registered under this Act.
(2) Subject to subsections (4) and (5), on and from the
commencement of this Act, a period of
registration of a supported residential service
specified under section 85(h) or 91(c) of the
20 Health Services Act 1988 is taken to be
indefinite, subject to this Act, in relation to a
supported residential service to which subsection
(1) applies, despite anything to the contrary in a
certificate of registration or a certificate of
25 renewal of registration.
(3) On and from the commencement of this Act, the
number of beds, any conditions of registration and
any other particulars of registration of a supported
residential service under the Health Services Act
30 1988 are taken to be the particulars applying to the
registration under this Act.
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(4) A supported residential service registered under
Part 4 of the Health Services Act 1988
immediately before the commencement of this
Act which is also, immediately before that
5 commencement, premises which are recorded in
the register kept under section 38J of the
Retirement Villages Act 1986 and which satisfy
the requirements of section 38L of that Act--
(a) despite section 5(1)(f) is taken, on and from
10 that commencement, to be a supported
residential service registered under this Act
for a period of 2 years from that
commencement; and
Note
15 Section 5(1)(f) provides that premises which are
recorded in the register kept under section 38J of the
Retirement Villages Act 1986 and which satisfy the
requirements of section 38L of that Act are not a
supported residential service within the meaning of
20 this Act.
(b) by the end of that 2 year period the
proprietor must either--
(i) request that the Secretary cancel the
registration of the supported residential
25 service under this Act; or
(ii) arrange for the premises to cease to be
recorded in the register kept under
section 38J of the Retirement Villages
Act 1986 in accordance with the
30 requirements of section 38L of that Act.
(5) If subsection (4) applies and, at the end of the 2
year period from the commencement of this Act, a
proprietor has not complied with subsection
(4)(b)(i) or (ii), the registration of the supported
35 residential service under this Act by virtue of
subsection (4)(a) is cancelled by virtue of this
section.
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210 Pre-commencement applications
(1) An application for an approval in principle under
Division 1 of Part 4 or an application for variation
under section 92(2)(c)(i) of the Health Services
5 Act 1988 that is made before the commencement
of this Act in respect of which no decision has
been made before that commencement must be
decided in accordance with the applicable
provisions of the Health Services Act 1988 as if
10 those provisions had not been repealed.
(2) An application for registration under section 82 or
an application for variation under section
92(2)(c)(ii), (iii) or (iv) of the Health Services
Act 1988 that is made before the commencement
15 of this Act in respect of which no decision has
been made before that commencement is taken, on
and from that commencement--
(a) to be an application for registration or an
application for variation of registration, as
20 the case requires, under this Act; and
(b) must be decided in accordance with this Act.
(3) An application for renewal of a registration of a
supported residential service under the Health
Services Act 1988 that is made before the
25 commencement of this Act in respect of which no
decision has been made before that
commencement, or to which section 88(5) of that
Act applies--
(a) must be decided in accordance with the
30 applicable provisions of the Health Services
Act 1988 as if those provisions had not been
repealed; and
(b) without limiting section 209(1), on and from
that renewal, is taken to be a supported
35 residential service registered under this Act.
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211 Administrators
On and from the commencement of this Act, an
administrator of a supported residential service
appointed under section 103 of the Health
5 Services Act 1988 is taken to be an administrator
appointed to that supported residential service
under this Act with the powers and obligations of
an administrator under this Act.
212 Disciplinary action
10 (1) The Secretary may exercise any of the Secretary's
powers under Division 2 of Part 8 of this Act in
respect of any act or omission of the proprietor of
a supported residential service before, on or after
the commencement of this Act.
15 (2) The Minister may exercise any of the Minister's
powers under Division 3 or 4 of Part 8 of this Act
in respect of any act or omission of the proprietor
of a supported residential service before, on or
after the commencement of this Act.
20 213 Community visitors
(1) A community (residential services) visitor
appointed by the Governor in Council under Part
5 of the Health Services Act 1988 before the
commencement of this Act is taken to be a
25 community visitor appointed under Part 9 of this
Act, with--
(a) the functions of a community visitor set out
in this Act; and
(b) the terms and conditions of appointment--
30 (i) provided by this Act; and
(ii) as specified in the instrument of
appointment under section 124(2) of
the Health Services Act 1988 as in
force immediately before its repeal,
35 which are taken to be terms of
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conditions of appointment under this
Act.
(2) The term of office of a person to whom subsection
(1) applies continues for the period of the term of
5 office for which the person was appointed as a
community (residential services) visitor under the
Health Services Act 1988.
(3) Until such time as the Governor in Council fixes
fees and travelling and other allowances under
10 section 183(1)(c), the fees and travelling and other
allowances of a community visitor under this Act
are the fees and travelling and other allowances
fixed under section 124 of the Health Services
Act 1988 as in force immediately before its
15 repeal.
214 Community (Residential Services) Visitors Board
(1) On and from the commencement of this Act, the
Community (Residential Services) Visitors Board
established under Part 5 of the Health Services
20 Act 1988--
(a) subject to paragraph (b), is taken to be the
same body as it was immediately before that
commencement, despite the repeal of Part 5
of that Act and no decision, matter or thing is
25 to be affected because of that repeal; and
(b) continues in existence as if established under
section 193.
(2) On and from the commencement of this Act, all
property vested in the Community (Residential
30 Services) Visitors Board under Part 5 of the
Health Services Act 1988, may, after that date, be
used or invested by the Community (Residential
Services) Visitors Board in accordance with this
Act.
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(3) On and from the commencement of this Act, the
members of the Community (Residential Services)
Visitors Board in office under Part 5 of the Health
Services Act 1988 immediately before its
5 repeal--
(a) are taken to be the members of the
Community (Residential Services) Visitors
Board appointed under Part 9; and
(b) continue in office on the same terms and
10 conditions as those on which they were
originally appointed for the remainder of
their original terms as if appointed under
Part 9.
215 Authorised officers
15 (1) On and from the commencement of this Act, an
authorised officer appointed under the Health
Services Act 1988 in relation to Part 4 of that Act
whose appointment is in force immediately before
that commencement, is taken without further
20 appointment be an authorised officer appointed
under this Act--
(a) with the functions, duties and powers set out
in this Act; and
(b) for a period corresponding to the remaining
25 period of that person's appointment as an
authorised officer under the Health Services
Act 1988 in relation to Part 4 of that Act.
(2) An identity card issued to an authorised officer to
whom subsection (1) applies is to be taken, on and
30 from the commencement of this Act, to be an
identity card issued under this Act until an identity
card under this Act is issued to the authorised
officer.
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216 Prescribed statement to be given in respect of fees
received before commencement of Act
Within 28 days after the commencement of this
Act, a proprietor who has received a security
5 deposit, a fee paid in advance, an establishment
fee or a reservation fee in respect of a resident on
or before that commencement must provide the
resident and the person nominated (if any) with a
statement containing the information prescribed
10 under section 94.
Penalty: 20 penalty units in the case of a natural
person;
100 penalty units in the case of a body
corporate.
15 217 Proprietor to put money received before
commencement of this Act into trust account after
that commencement
Within 28 days after the commencement of this
Act, a proprietor who has received a security
20 deposit, a fee paid in advance, an establishment
fee or a reservation fee in respect of a resident on
or before that commencement must place the
security deposit or any remaining balance of a
reservation fee, an establishment fee or a fee paid
25 in advance into a trust account in accordance with
Division 3 of Part 5 of this Act.
Penalty: 120 penalty units in the case of a
natural person;
600 penalty units in the case of a body
30 corporate.
218 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
35 nature, arising as a result of the enactment of this
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s. 219
Act, including the repeals and amendments made
by this Act.
(2) Regulations made under this section may--
(a) have a retrospective effect to a day on or
5 from the date that this Act receives the Royal
Assent; and
(b) be of limited or general application; and
(c) leave any matter or thing to be decided by a
specified person or class of person; and
10 (d) provide for the exemption of persons or
things or a class of persons or things from
any of the regulations made under this
section.
(3) Regulations under this section have effect despite
15 anything to the contrary--
(a) in any Act (other than this Act or the
Charter of Human Rights and
Responsibilities Act 2006); or
(b) in any subordinate instrument.
20 Division 2--Amendments to the Health Services Act 1988
219 Definitions
See: In section 3(1) of the Health Services Act 1988--
Act No.
49/1988.
Reprint No. 12
(a) the definition of close associate is repealed;
as at
31 March (b) in the definition of health service
25 2009 establishment--
and
amending
Act Nos
(i) in paragraph (d) omit "or";
46/2008 and
69/2009.
(ii) paragraph (e) is repealed;
LawToday:
www. (c) the definitions of related body corporate,
legislation. special or personal care and spouse are
vic.gov.au
30 repealed;
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s. 220
(d) for the definition of supported residential
service substitute--
"supported residential service has the same
meaning as it has in the Supported
5 Residential Services (Private Proprietors)
Act 2010;".
220 Designated public hospital
(1) In section 7(1) of the Health Services Act 1988
for "section 106 and Part 5" substitute "Division
10 2 of Part 4 and Part 9 of the Supported
Residential Services (Private Proprietors) Act
2010".
(2) In section 7 of the Health Services Act 1988--
(a) in subsection (2) for "section 106" substitute
15 "Division 2 of Part 4 of the Supported
Residential Services (Private Proprietors)
Act 2010";
(b) in subsection (3) for "section 106" substitute
"Division 2 of Part 4 of the Supported
20 Residential Services (Private Proprietors)
Act 2010".
221 Principles applying to hostels, nursing homes and
supported residential services
Section 10 of the Health Services Act 1988 is
25 repealed.
222 Hospital must comply with directions of Secretary
In section 42(1)(g) of the Health Services Act
1988 after "hospitals," insert "supported
residential services,".
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s. 223
223 Criteria for grant of approval in principle
After section 71(3) of the Health Services Act
1988 insert--
"(4) In this section, other health service
5 establishment includes a supported
residential service.".
224 Criteria for registration
After section 83(2) of the Health Services Act
1988 insert--
10 "(3) In this section, other health service
establishment includes a supported
residential service.".
225 Criteria for renewal of registration
(1) Section 89(f) of the Health Services Act 1988 is
15 repealed.
(2) At the end of section 89 of the Health Services
Act 1988 insert--
"(2) In this section, other health service
establishment includes a supported
20 residential service.".
226 Repeal of provisions dealing with supported
residential services
(1) Sections 99, 100, 101, 103, 106, 106A, 106B,
106C and 107 of the Health Services Act 1988
25 are repealed.
(2) Sections 108 to 108S of the Health Services Act
1988 are repealed.
(3) Sections 109(3) and 110(1)(c), (d), (f), (fa) and (g)
of the Health Services Act 1988 are repealed.
30 (4) Part 5 of the Health Services Act 1988 is
repealed.
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Part 11--Transitional Provisions and Consequential Amendments
s. 227
Division 3--Amendments to other Acts
227 Definitions--section 50 of the Crimes Act 1958
In section 50(1) of the Crimes Act 1958--
(a) in the definition of residential facility, after
5 paragraph (b) insert--
"(c) a supported residential service within
the meaning of the Supported
Residential Services (Private
Proprietors) Act 2010;";
10 (b) for the definition of worker substitute--
"worker means a person who delivers, or
assists in delivering, at a facility
(whether as an employee or as a
volunteer or in any other capacity)--
15 (a) a program specially designed to
meet the developmental or
educational needs of persons with
a cognitive impairment residing at
the facility or attending the facility
20 to take part in the program; or
(b) other services to residents at a
residential facility--
but does not include a person with a
cognitive impairment who also resides
25 at the facility or attends the facility to
take part in the program.".
228 Heading to section 52 of the Crimes Act 1958
amended
In the heading to section 52 of the Crimes Act
30 1958 for "providers of special programs"
substitute "workers".
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229 Guardianship and Administration Act 1986
(1) In section 18A(1)(d) of the Guardianship and
Administration Act 1986 after "Health Services
Act 1988," insert "the Supported Residential
5 Services (Private Proprietors) Act 2010,".
(2) In section 18A(5) of the Guardianship and
Administration Act 1986--
(a) in paragraph (b) omit "or supported
residential service";
10 (b) in paragraph (d) for "1986." substitute
"1986;";
(c) after paragraph (d) insert--
"(e) a supported residential service within
the meaning of the Supported
15 Residential Services (Private
Proprietors) Act 2010.".
(3) In section 37(3) of the Guardianship and
Administration Act 1986--
(a) omit ", supported residential service";
20 (b) after "1988)" insert "or a supported
residential service within the meaning of the
Supported Residential Services (Private
Proprietors) Act 2010".
230 Land Tax Act 2005
25 In section 76(4) of the Land Tax Act 2005, in the
definition of supported residential service for
"Health Services Act 1988" substitute
"Supported Residential Services (Private
Proprietors) Act 2010".
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231 Residential Tenancies Act 1997
In section 3(1) of the Residential Tenancies Act
1997, in the definition of health or residential
service--
5 (a) in paragraph (c), after "2006;" insert "or";
(b) in paragraph (e) after "agency;" insert "or";
(c) after paragraph (e) insert--
"(f) premises used for a supported
residential service within the meaning
10 of the Supported Residential Services
(Private Proprietors) Act 2010;".
232 Tobacco Act 1987
In section 3 of the Tobacco Act 1987, in the
definition of residential care facility--
15 (a) in paragraph (a), for ", State funded
residential care service or supported
residential service" substitute "or State
funded residential care service";
(b) in paragraph (b), after "Commonwealth;"
20 insert "or";
(c) after paragraph (b) insert--
"(c) a supported residential service within
the meaning of the Supported
Residential Services (Private
25 Proprietors) Act 2010;".
233 Transport Accident Act 1986
In section 3(1) of the Transport Accident Act
1986, in paragraph (b) of the definition of
supported accommodation, for "section 3(1) of
30 the Health Services Act 1988" substitute "the
Supported Residential Services (Private
Proprietors) Act 2010".
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Division 4--Repeal of amending provisions
234 Repeal of Divisions 2 and 3
Divisions 2 and 3 of this Part are repealed on
1 June 2013.
5 Note
The repeal of Divisions 2 and 3 of this Part of this Act does not
affect the continuing operation of the amendments made by those
Divisions (see section 15(1) of the Interpretation of Legislation
Act 1984).
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Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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