Disability and Social Services Regulation Amendment Bill 2023

Australia / Victoria / Bills

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Passed and Assented to

Disability and Social Services Regulation Amendment Act 2023

Disability and Social Services Regulation Amendment Act 2023

No. of 2023

TABLE OF PROVISIONS Clause Page

Part 1—Preliminary 1

1 Purposes 1 2 Commencement 2

Part 2—Amendment of Disability Act 2006 3

Division 1—Amendment of Disability Act 2006 3

3 Purposes 3 4 Definitions 3 5 New section 3B inserted 7 6 New section 3C inserted 8 7 Objectives of Act 8 8 Principles 9 9 Persons with an intellectual disability 9 10 Provision of advice, notification or information under this Act 9 11 Role and functions of the Secretary 10 12 Power of Secretary to enter into contracts 10 13 Secretary's powers in relation to land 10 14 Committee of management 11 15 Record of dealings 11 16 Disability Services Commissioner 12 17 Functions of the Disability Services Commissioner 12 18 Division 4 of Part 3 repealed 12 19 Functions of the Senior Practitioner 12 20 Power of Senior Practitioner to delegate 13 21 Provision of staff and contractors 13 22 Special powers of the Senior Practitioner 13 23 Functions of a community visitor in respect of NDIS

dwellings 14 24 New section 30B inserted 14 25 Reports by community visitors 15 26 Request for disability services 15 27 Section 50 substituted and new section 50A inserted 17 28 Purpose and application of Part 19 29 Residential statement 20

Clause Page

30 Duties of disability service provider providing residential services 22

31 Duties of residents 25 32 Entry to a resident's room 26 33 New sections 61A and 61B inserted 26 34 Offences relating to interference with rights 28 35 New section 129AA inserted 29 36 Visiting of residential service or NDIS dwelling 30 37 Powers of inspection 30 38 New section 131B inserted 32 39 Record of visits 33 40 Heading to Part 6A amended 33 41 Section 132ZI substituted 33 42 Section 132ZJ amended 34 43 Section 132ZL amended 34 44 Section 132ZM amended 34 45 Application for review of appointment decision 34 46 Senior Practitioner may issue directions 35 47 Part 6B repealed and Part 7 substituted 36 48 Restrictions on liberty or freedom of movement 64 49 Authorised Program Officer must prepare treatment plan 65 50 Security conditions 65 51 New section 159A inserted 65 52 Appeals regarding extended leave 65 53 Appeals regarding revocation of extended leave 66 54 Preparation of treatment plan 66 55 Certain disability service providers not required to comply

with Division 66 56 Sections 185 to 191 substituted and new sections 191A, 191B

and 191C inserted 66 57 Heading to section 192 amended 74 58 Supervised treatment order for persons with a disability and

NDIS participants 74 59 Application by the Public Advocate 76 60 New sections 194A, 194B and 194C inserted 77 61 Supervision of supervised treatment order 79 62 Application for review, variation or revocation 81 63 Section 196A substituted 86 64 Application for rehearing 88 65 Senior Practitioner may make assessment order 89 66 Apprehension of person subject to a supervised treatment

order absent without approval 89 67 Heading to Division 6 of Part 8 amended 91 68 Purpose and application of Division 91 69 Use of restrictive practices 93 70 Section 201C substituted 94 71 Use of regulated restrictive practices 94

Clause Page

iii

72 Reports 95 73 Section 201FA repealed 96 74 Section 201G substituted 96 75 Section 201H substituted 96 76 Section 201I substituted 98 77 Division 7 of Part 8 repealed 99 78 Delegation 99 79 Provision of staff services 99 80 Production of identity card 99 81 Offence to impersonate authorised officer 99 82 Persons who are liable for offences 99 83 Power to bring proceedings 99 84 New Division 6 of Part 10 inserted 100

Division 2—Further amendment of Disability Act 2006 112 Subdivision 1—Residential tenancies 112

85 Definitions 112 86 Special powers of the Senior Practitioner 113 87 Functions of a community visitor in respect of NDIS

dwellings 113 88 Reports by community visitors 113 89 Purpose and application of Part 113 90 Division 2 of Part 5 repealed 114 91 Visiting of residential service or NDIS dwelling 114 92 Powers of inspection 114 93 Request to see a community visitor—NDIS residents in NDIS

dwelling 114 94 Record of visits 116 95 Application for supervised treatment order 116 96 Regulations 117 97 New Division 7 of Part 10 inserted 117

Subdivision 2—Secretary's powers and functions 121 98 Role and functions of the Secretary 121 99 Power of Secretary to give directions 121 100 Further powers of Secretary 121 101 Special powers of Secretary 121 102 Powers of authorised officers 122

Subdivision 3—Information sharing 122 103 Information systems and disclosure, use and transfer of

information 122 104 Section 39A repealed 122 105 New Part 8A inserted 122 106 Regulations 134 107 New section 261 inserted 135

Clause Page

Part 3—Further amendment of Disability Act 2006 136 108 Definitions 136 109 Disability service provider must provide information 136 110 Proclamation of residential treatment facility 136 111 Admission to a residential treatment facility 138 112 New section 152A inserted 141 113 New section 152B inserted 143 114 Authorised Program Officer must prepare treatment plan 144 115 Annual review of treatment plan 144 116 Application for review of treatment plan 144 117 Leave of absence 144 118 Special leave 145 119 Suspension of leave of absence or special leave 146 120 Security conditions 147 121 Apprehension of resident absent without leave 147 122 Extended leave 147 123 Appeals regarding extended leave 148 124 Suspension and revocation of extended leave 148 125 Appeals regarding revocation of extended leave 148 126 Preparation of treatment plan 149 127 Annual review of security order and treatment plan 149 128 Application for review of treatment plan 149 129 Death of security resident 149 130 Regulations 150 131 New sections 262 and 263 inserted 150

Part 4—Amendment of Disability Service Safeguards Act 2018 and Residential Tenancies Act 1997 152

Division 1—Amendment of Disability Service Safeguards Act 2018 152

132 Application for registration 152 133 Section 152 substituted 152 134 Unsuitability to hold general registration 153 135 Unsuitability to hold limited registration 153 136 Unsuitability to hold non-practising registration 154 137 Annual statement 154 138 Other records to be kept by Board 154 139 NDIS worker screening check 154 140 New Part 18 inserted 157

Division 2—Amendment of Residential Tenancies Act 1997 158

Subdivision 1—Residential tenancies 158

141 Definitions 158 142 Definitions 159 143 New section 498BA inserted 160 144 New section 498DAA inserted 162

Clause Page

145 Purpose of Division 164 146 Notice of temporary relocation 165 147 Notice to vacate by SDA provider 165 148 Definitions 165 149 Prohibition on letting premises used for SDA enrolled

dwelling after notice 165 150 New Schedule 3 inserted 166

Subdivision 2—Notification of Public Advocate 170 151 Notice of temporary relocation 170 152 Notice to vacate by SDA provider 170 153 Notice to vacate by mortgagee 170

Subdivision 3—Consequential amendments 170

154 Purposes 170 155 Definitions 170 156 Health or residential services 171 157 Residential rental agreements to be in standard form 171 158 Copy of agreement to be made available to renter 171 159 Jurisdiction of Tribunal 171 160 Further functions of Director in relation to SDA enrolled

dwellings 172 161 Referral of matter to another person or body 172 162 Definitions 172 163 When does Part not apply to occupation of SDA enrolled

dwelling 172 164 Information statement required to be given to SDA resident 172 165 Explanation of Tribunal orders 173 166 Agreement for provision of SDA enrolled dwelling 173 167 Copy of SDA residency agreement to be made available to

SDA resident 173 168 Content of SDA residency agreement 173 169 Restriction on use of personal information provided by

applicants for SDA enrolled dwellings 173 170 Information that SDA provider must disclose before entering

SDA residency agreement 174 171 Misleading or deceptive conduct inducing a person to enter an

SDA residency agreement 174 172 Duties of SDA provider 174 173 Duties of SDA resident 174 174 Application to Director to investigate need for non-urgent

repairs 174 175 What can the Tribunal order? 174 176 Purpose of Division 175 177 Entry of SDA enrolled dwelling 175 178 Grounds for entry of SDA enrolled dwelling 175 179 Manner of entry 176

Clause Page

180 What must be in a notice of entry? 176 181 SDA resident has duty to permit entry 176 182 What if damage is caused during entry 176 183 Receipts for rent 176 184 What can the Tribunal order on an application relating to

increase in rent 176 185 Certain charges prohibited 177 186 SDA provider's liability for various utility charges 177 187 SDA provider must not seek overpayment for utility charge 177 188 Definitions 177 189 Breach of duty notice 177 190 Matters to be considered by Tribunal 178 191 Notice of temporary relocation 178 192 Termination of SDA residency agreement 178 193 Order of Tribunal that premises are abandoned 179 194 Notice to vacate by SDA provider 179 195 Effect of notice to vacate 179 196 Notice of intention to vacate by SDA resident 179 197 Withdrawal of notice 179 198 Notice by owner 179 199 Notice to vacate by mortgagee 180 200 Application for possession order by SDA provider 180 201 Application for possession order by mortgagee 180 202 Order of Tribunal 180 203 What is reasonable and proportionate 180 204 Contents of possession order 180 205 Effect of possession order for SDA enrolled dwelling 180 206 What must the possession order provide? 181 207 Notice to occupiers of SDA enrolled dwelling 181 208 Warrant of possession 181 209 Postponement of issue of warrant in certain cases 181 210 Immediate issue of warrant if failure to pay rent during

postponement 181 211 Application of this Division 182 212 Definitions 182 213 What happens if personal documents are left behind? 182 214 Disposal of personal documents after 90 days 182 215 Reclaiming personal documents before disposal 183 216 Disposal of certain goods left behind 183 217 What must an SDA enrolled dwelling owner do about goods

left behind? 183 218 When SDA enrolled dwelling owner may sell or dispose of

stored goods 183 219 Former SDA resident may request proceeds of sale of goods 183 220 Purchaser takes good title 184 221 What if goods or documents are disposed of in contravention

of this Division? 184

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222 What if goods or documents are wrongfully retained? 184 223 What if goods or documents are damaged or lost? 184 224 What if an SDA enrolled dwelling owner refuses to store

goods for more than 14 days? 184 225 Offence relating to entering SDA enrolled dwelling 184 226 Offence to obtain possession etc. of SDA enrolled dwelling 185 227 Disclosure, use and transfer of information 185 228 Service of documents 185 229 Regulations 186

Subdivision 4—Notification of Director 186

230 Notice of temporary relocation 186 231 Notice to vacate by SDA provider 187 232 Notice to vacate by mortgagee 188

Part 5—Amendment of other Acts 189 Division 1—Amendment of Crimes Act 1958 189

233 Definitions 189

Division 2—Amendment of Guardianship and Administration Act 2019 189

234 Powers of inspection 189 Division 3—Amendment of Independent Broad-based Anti- corruption Commission Act 2011 189

235 Definitions 189

Division 4—Amendment of Medical Treatment Planning and Decisions Act 2016 190

236 Definitions 190

Division 5—Amendment of Residential Tenancies Act 1997 190

237 Definitions 190

Division 6—Amendment of Social Services Regulation Act 2021 190

238 Definitions 190 239 Impact of interview or hearing must be mitigated 191 240 New sections 100A and 100B inserted 191 241 Power to enter premises of registered social service

providers—monitoring compliance 192 242 Power to enter residential premises with consent 192 243 Meaning of supported residential service 195 244 Offences by unincorporated bodies, partnerships etc. 195 245 Regulations 196 246 Deemed exclusion decisions 196 247 Definitions 196

Clause Page

viii

248 New section 354A inserted 196 249 Section 359 repealed 196 250 New sections 367A and 367B inserted 197

Division 7—Amendment of Supported Residential Services (Private Proprietors) Act 2010 197

251 Meaning of supported residential service 197

Division 8—Amendment of Victorian Inspectorate Act 2011 197 252 Definitions 197

Part 6—Further amendment of other Acts 199

Division 1—Residential tenancies 199

253 Accident Compensation Act 1985 199 254 Crimes Act 1958 199 255 Education and Training Reform Act 2006 199 256 Guardianship and Administration Act 2019 200 257 Independent Broad-based Anti-corruption Commission

Act 2011 200 258 Land Tax Act 2005 200 259 Medical Treatment Planning and Decisions Act 2016 201 260 Social Services Regulation Act 2021 201 261 Transport Accident Act 1986 201 262 Victorian Civil and Administrative Tribunal Act 1998 201 263 Victorian Inspectorate Act 2011 201 264 Workplace Injury Rehabilitation and Compensation Act 2013 202

Division 2—Information sharing 202 265 Child Wellbeing and Safety Act 2005 202 266 Social Services Regulation Act 2021 202 267 Secretary may notify entities with functions under Disability

Service Safeguards Act 2018 of matters relating to screening checks and clearances 203

Division 3—Residential treatment facilities 203 268 Social Services Regulation Act 2021 203

Part 7—Repeal of this Act 204

269 Repeal of this Act 204 ═════════════

Endnotes 205

1 General information 205

Disability and Social Services

Regulation Amendment Act 2023† No. of 2023

[Assented to ]

The Parliament of Victoria enacts:

Part 1—Preliminary 1 Purposes

The main purposes of this Act are— (a) to amend the Disability Act 2006 in relation

to— (i) the Secretary's functions under that Act;

and

Part 1—Preliminary

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

(ii) the sharing of information about persons with a disability and persons subject to restrictive practices and supervised treatment orders; and

(iii) residential services; and (iv) the compulsory treatment of persons

with an intellectual disability; and (v) other related matters; and (b) to amend the Residential Tenancies

Act 1997 in relation to SDA enrolled dwellings; and

(d) to amend the Social Services Regulation Act 2021 in relation to—

(i) interviews and hearings for WCES service users; and

(ii) powers of entry; and (iii) other related matters; and (e) to make consequential amendments to other

Acts. 2 Commencement (1) This Act (except Division 2 of Part 2 and

Parts 3, 4 and 6) comes into operation on the day after the day on which it receives the Royal Assent.

(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3) If a provision referred to in subsection (2) does not come into operation before 1 July 2024, it comes into operation on that day.

Part 2—Amendment of Disability Act 2006

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

Part 2—Amendment of Disability Act 2006

Division 1—Amendment of Disability Act 2006 3 Purposes

In section 1(b) of the Disability Act 2006, for "NDIS participants' rights" substitute "the rights of NDIS participants and DSOA clients".

4 Definitions (1) In section 3(1) of the Disability Act 2006— (a) for the definition of Authorised Program

Officer substitute— "Authorised Program Officer means a

person appointed as an Authorised Program Officer by a disability service provider or a registered NDIS provider and whose appointment is approved by the Senior Practitioner;";

(b) in the definition of Department, for "Health and Human Services" substitute "Families, Fairness and Housing";

(d) in the definitions of NDIS behaviour support plan, NDIS plan and restrictive practice, after "participant" insert "or a DSOA client";

(e) in the definition of short-term accommodation and assistance dwelling—

(i) for "an NDIS participant" substitute "an NDIS participant or a DSOA client";

(ii) for "the NDIS participant" substitute "the NDIS participant or DSOA client";

Part 2—Amendment of Disability Act 2006

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

(f) in the definition of supervised treatment order, for "191" substitute "193";

(g) in the definition of treatment plan, for "191" substitute "189".

(2) In section 3(1) of the Disability Act 2006 insert the following definitions— "health information has the same meaning as in

the Health Records Act 2001; Minister approved premises means a premises

specified by the Minister under section 129AA;

Minister approved premises resident means— (a) a person with a disability living in a

Minister approved premises; or (b) an NDIS participant living in a Minister

approved premises; or (c) a DSOA client living in a Minister

approved premises; personal information has the same meaning as in

the Privacy and Data Protection Act 2014; primary service provider has the meaning given

by section 3C;". (3) In section 3(1) of the Disability Act 2006— (a) in paragraph (b) of the definition of SDA

enrolled dwelling, for "2016" substitute "2020";

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

(b) for the definition of residential service substitute— "residential service means—

(a) residential accommodation— (i) provided by, on behalf of, or

by arrangement with, a disability service provider; and

(ii) provided as accommodation in which residents are provided with disability services; and

(iii) supported by rostered staff that are provided by a disability service provider; and

(iv) admission to which is approved by the Secretary; or

Example

A residential treatment facility or specialist forensic disability accommodation.

(b) prescribed accommodation; or (c) accommodation provided by, on

behalf of, or by arrangement with, a disability service provider that is approved by the Senior Practitioner under section 187;";

accommodation means accommodation determined by the Secretary to be specialist forensic disability accommodation under section 61B;".

Part 2—Amendment of Disability Act 2006

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

(4) In section 3(1) of the Disability Act 2006— (a) in paragraph (b) of the definition of SDA

resident, for "CoS supported accommodation client" substitute "DSOA client";

(b) in the definition of Victorian Disability Worker Commissioner, for "2018." substitute "2018;";

(a) who is receiving supports under the Commonwealth Disability Support for Older Australians program or a prescribed program; and

(b) who is not an NDIS participant; DSOA client's guardian means—

(a) the guardian of the DSOA client—

(i) appointed under the Guardianship and Administration Act 2019; or

(ii) appointed by the court; or (b) the attorney of the DSOA client

appointed to be responsible for the DSOA client's personal matters under an enduring power of attorney under the Powers of Attorney Act 2014;

Part 2—Amendment of Disability Act 2006

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

Victorian WorkCover Authority has the same meaning as Authority has in section 3 of the Workplace Injury Rehabilitation and Compensation Act 2013.";

(d) the definition of CoS supported accommodation client is repealed.

5 New section 3B inserted After section 3A of the Disability Act 2006 insert—

"3B NDIS provider taken to be providing a residential service in certain circumstances

(1) This section applies if— (a) a registered NDIS provider is using

supervised treatment; and (b) the accommodation provided to a

person subject to a supervised treatment order obtained by the Authorised Program Officer for a registered NDIS provider is approved by the Senior Practitioner under section 187.

(2) For the purposes of Division 6 of Part 3, Division 1 of Part 5 and Division 7 of Part 6—

(a) the registered NDIS provider is taken to be a disability service provider; and

(b) the accommodation provided by, on behalf of, or by arrangement with, the registered NDIS provider is taken to be a residential service; and

Part 2—Amendment of Disability Act 2006

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

Note

Part 8 imposes obligations on registered NDIS providers using compulsory treatment.".

6 New section 3C inserted At the end of Part 1 of the Disability Act 2006 insert—

"3C Primary service providers (1) Except as provided for under subsection (2),

the primary service provider for a person is the disability service provider or registered NDIS provider providing the majority of support to the person within the person's accommodation.

(2) If a person receives an equal amount of support within the person's accommodation from 2 or more disability service providers or registered NDIS providers, the Senior Practitioner may appoint the person's primary service provider from amongst those providers.

(3) Despite subsection (1), in sections 186, 194A, 194B, 194C, 195, 196, 196A(1), 197 (except in relation to a hearing of an application under section 196A(4)), and 201, if a supervised treatment order has been made in respect of a person, the primary service provider for that person is the disability service provider or registered NDIS provider that appointed the Authorised Program Officer stated in the order as being responsible for the implementation of the order.".

7 Objectives of Act In section 4(h) of the Disability Act 2006, after "participants" insert "and DSOA clients".

Part 2—Amendment of Disability Act 2006

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

8 Principles (1) In section 5(3)(f) of the Disability Act 2006, for

"his or her" substitute "the person's". (2) In section 5(3A) of the Disability Act 2006— (a) after "participants" (where first occurring)

insert "and DSOA clients"; (b) in paragraphs (a), (b) and (c), for

"NDIS participants" (wherever occurring) substitute "those persons".

(3) In section 5(4) of the Disability Act 2006, for "or an NDIS participant" substitute ", an NDIS participant or a DSOA client".

9 Persons with an intellectual disability In section 6(3)(a)(i) and (ii) and (b) of the Disability Act 2006, for "he or she" substitute "the person".

10 Provision of advice, notification or information under this Act

(1) In section 7(1) of the Disability Act 2006— (a) for "or an NDIS participant" substitute

", an NDIS participant or a DSOA client"; (b) omit "with a disability or the NDIS

participant". (2) In section 7(3) of the Disability Act 2006— (a) for "or an NDIS participant" substitute

", an NDIS participant or a DSOA client"; (b) omit "with a disability or NDIS participant"

(where twice occurring). (3) In section 7(4) of the Disability Act 2006— (a) in paragraph (a), for "or NDIS participant"

substitute ", NDIS participant or DSOA client";

Part 2—Amendment of Disability Act 2006

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

(b) in paragraph (c)— (i) for "participant," substitute

"participant or a DSOA client,"; (ii) for "participant and" substitute

"participant or the DSOA client and". 11 Role and functions of the Secretary (1) In section 8(1) of the Disability Act 2006— (a) in paragraph (c) omit "and the

Commonwealth State Territory Disability Agreement";

(b) paragraph (ca) is repealed. (2) In section 8(2)(j) of the Disability Act 2006, for

"disability and NDIS participants" substitute "disability, NDIS participants and DSOA clients".

12 Power of Secretary to enter into contracts In section 10(2) of the Disability Act 2006 omit "(not exceeding 3 years)".

13 Secretary's powers in relation to land (1) In section 10A(1) of the Disability Act 2006, after

"this Act" insert "or for the purposes of being an SDA provider".

(2) In section 10A(2) of the Disability Act 2006, for "Health and Human Services" substitute "Families, Fairness and Housing".

(3) In section 10A(3) of the Disability Act 2006, for 'or "Secretary to the Department of Health and Human Services"' substitute ', "Secretary to the Department of Health and Human Services" or "Secretary to the Department of Families, Fairness and Housing"'.

Part 2—Amendment of Disability Act 2006

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

(4) After section 10A(3) of the Disability Act 2006 insert—

"(4) The Secretary may, on behalf of the Crown, dispose of land or deal with an interest in land held by the Secretary with or without consideration for the purposes of providing services under this Act or the NDIS Act (including residential services or specialist disability accommodation).".

14 Committee of management (1) In section 10B(1) of the Disability Act 2006, for

"Health and Human Services" substitute "Families, Fairness and Housing".

(2) For section 10B(2) of the Disability Act 2006 substitute—

'(2) On and after the day on which Division 1 of Part 2 of the Disability and Social Services Regulation Amendment Act 2023 comes into operation, any record relating to a committee of management to which subsection (1) applies must refer to the committee of management in the name of "Secretary to the Department of Families, Fairness and Housing".'.

15 Record of dealings (1) In section 10C(1) of the Disability Act 2006, for

"Health and Human Services" substitute "Families, Fairness and Housing".

(2) In section 10C(2) of the Disability Act 2006, for 'or "Secretary to the Department of Health and Human Services"' (where twice occurring) substitute ', "Secretary to the Department of Health and Human Services" or "Secretary to the Department of Families, Fairness and Housing"'.

Part 2—Amendment of Disability Act 2006

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

(3) In section 10C(3) of the Disability Act 2006, for "Health and Human Services" substitute "Families, Fairness and Housing".

16 Disability Services Commissioner (1) In section 14(3) of the Disability Act 2006 omit

"his or her". (2) In section 14(7) of the Disability Act 2006— (a) for "his or her" substitute "their"; (b) for "he or she is" substitute "they are"; (c) for "he or she continues" substitute

"they continue". 17 Functions of the Disability Services Commissioner

Section 16(1)(i), (j) and (m)(i) of the Disability Act 2006 are repealed.

18 Division 4 of Part 3 repealed Division 4 of Part 3 of the Disability Act 2006 is repealed.

19 Functions of the Senior Practitioner In section 24(1) of the Disability Act 2006—

(a) in paragraph (a), for "practices and compulsory treatment" substitute "practices, compulsory treatment and the appointment of Authorised Program Officers";

(b) after paragraph (a) insert— "(ab) to promote the reduction and

elimination of the use of restrictive practices by disability service providers and registered NDIS providers to the greatest extent possible;";

Part 2—Amendment of Disability Act 2006

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

(d) after paragraph (e)(iv) insert— "(v) the appointment of Authorised Program

Officers;". 20 Power of Senior Practitioner to delegate

In section 25(2)(a) of the Disability Act 2006, for "disability and NDIS participants" substitute "disability, NDIS participants and DSOA clients".

21 Provision of staff and contractors In section 26(1) and (2) of the Disability Act 2006, for "his or her" substitute "the Senior Practitioner's".

22 Special powers of the Senior Practitioner (1) In section 27(2) of the Disability Act 2006— (a) in paragraph (a), after "residential service"

insert "or Minister approved premises"; (b) in paragraph (ab), after "NDIS dwelling"

insert "or Minister approved premises". (2) In section 27(5) of the Disability Act 2006, for

"or the NDIS participant" substitute ", the NDIS participant or the DSOA client".

(3) In section 27(5B) of the Disability Act 2006— (a) after paragraph (b) insert— "(ba) DSOA clients; or"; (b) in paragraph (c), for "disability or NDIS

participants" substitute "disability, NDIS participants or DSOA clients".

Part 2—Amendment of Disability Act 2006

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

23 Functions of a community visitor in respect of NDIS dwellings

In section 30A(2) of the Disability Act 2006— (a) for "an NDIS participant" substitute

"an NDIS participant or a DSOA client"; (b) in paragraphs (a), (b), (d), (e), (f) and (h),

after "participant" insert "or DSOA client". 24 New section 30B inserted

After section 30A of the Disability Act 2006 insert—

"30B Functions of a community visitor in respect of Minister approved premises The functions of a community visitor when visiting Minister approved premises are to inquire into the following—

(a) the appropriateness and standard of the premises for the purposes of accommodating Minister approved premises residents;

(b) the adequacy of opportunities for inclusion and participation by a Minister approved premises resident in the community;

(c) whether the services provided at the premises to a Minister approved premises resident by a disability service provider or an NDIS provider are being provided in accordance with this Act, the NDIS Act or any regulation, rule or instrument made under this Act or the NDIS Act (as appropriate);

(d) whether information is being provided to a Minister approved premises resident as required by this Act, the

Part 2—Amendment of Disability Act 2006

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

NDIS Act or any regulation, rule or instrument made under this Act or the NDIS Act (as appropriate);

(e) any case of suspected abuse or neglect of a Minister approved premises resident;

(f) the use of restrictive practices and compulsory treatment;

(g) any failure to comply with the provisions of this Act, the NDIS Act or any regulation, rule or instrument made under this Act or the NDIS Act;

(h) any complaint made to a community visitor by a Minister approved premises resident.".

25 Reports by community visitors In section 34(1) of the Disability Act 2006, after "visit premises" insert ", Minister approved premises".

26 Request for disability services (1) In section 49(1) of the Disability Act 2006, for

"disability services from a disability service provider" substitute "the Secretary to provide access to disability services from the Secretary, funded service providers or contracted service providers".

(2) In section 49(2) of the Disability Act 2006— (a) for "a disability service provider" substitute

"the Secretary"; (b) for "the disability service provider"

substitute "the Secretary".

Part 2—Amendment of Disability Act 2006

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

(3) For section 49(3) and (4) of the Disability Act 2006 substitute—

"(3) For the purpose of making a decision under subsection (2), the Secretary may—

(a) require the person who made the request under subsection (1) or the person in respect of whom the request was made to provide more information; or

(b) in accordance with section 50, require the person in respect of whom the request under subsection (1) was made to undergo a formal assessment.

(4) The Secretary, within 14 days of making a decision under subsection (2), must notify the person who made the request under subsection (1) and the person in respect of whom the request was made (if the request was made on that person's behalf) in writing—

(a) of the Secretary's decision; and (b) if the request is refused, of the reasons

for the refusal; and (c) of any decision made under section 50

as to whether the person in respect of whom the request was made has a disability; and

(d) that the person who made the request or the person in respect of whom the request was made can apply to VCAT for a review of the decision referred to in paragraph (c).".

Part 2—Amendment of Disability Act 2006

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

(4) In section 49(5) of the Disability Act 2006, for "a disability service provider agrees to provide disability services" substitute "the Secretary agrees to a request under subsection (1)".

27 Section 50 substituted and new section 50A inserted For section 50 of the Disability Act 2006 substitute—

"50 Decision by Secretary as to disability (1) For the purposes of a request under section

49(1), the Secretary may decide whether or not the person in respect of whom the request was made has a disability.

(2) Subject to subsection (3), the Secretary, in making a decision under subsection (1) or section 49(2), may request any relevant information (including personal information and health information) from any person or body.

(3) Before requesting personal information or health information about a person under subsection (2), the Secretary must obtain the consent of—

(a) the person; or (b) if the person is unable to consent, the

person's guardian; or (c) if another person requested disability

services under section 49(1) on behalf of the person and the Secretary is unable to obtain consent under paragraph (a) or (b), the person who made the request.

Part 2—Amendment of Disability Act 2006

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

(4) A person or body that receives a request for information under subsection (2) is authorised to give the information to the Secretary.

(5) Subsection (4) has effect despite any other Act or law, other than the Charter of Human Rights and Responsibilities Act 2006.

(6) The Secretary may determine the appropriate process to enable the Secretary to make a decision as to disability.

(7) If the Secretary decides that a formal assessment is necessary, the Secretary must ensure that the formal assessment is commenced within 30 days of receiving the request under section 49(1).

(8) Despite subsection (7), the Secretary may— (a) defer the commencement of a formal

assessment for up to 3 months after receiving the request under section 49(1); or

(b) discontinue any uncompleted formal assessment and defer the undertaking of a further formal assessment for up to 3 months after discontinuing the formal assessment—

if the Secretary believes on reasonable grounds that any formal assessment completed before then is unlikely to establish reliably whether or not the person has a disability.

Part 2—Amendment of Disability Act 2006

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

50A Application to VCAT for review of decision as to disability

(1) The following persons may apply to VCAT for a review of a decision under section 50(1)—

(a) the person who made the request for access to disability services under section 49(1);

(b) the person in respect of whom the request under section 49(1) was made.

(2) An application under subsection (1) must be made within 28 days after the person is notified of the decision under section 49(4).

(3) On an application under subsection (1), VCAT may—

(a) confirm the decision; or (b) order that the decision be substituted by

the decision of the Tribunal; or (c) remit the matter to the Secretary for

further consideration in accordance with this Act.

(4) A decision of VCAT under subsection (3)(b) has effect as if it were the decision of the Secretary.".

28 Purpose and application of Part For section 56(1) of the Disability Act 2006 substitute—

"(1) The purpose of this Part is to create specific rights for persons residing in residential services and to impose specific obligations on disability service providers providing residential services whilst enabling the support and treatment needs of persons with

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a disability to be met and the obligations of disability service providers to be fulfilled.".

29 Residential statement (1) For section 57(1A) and (1B) of the Disability

Act 2006 substitute— "(1A) In circumstances where more than one

disability service provider provides residential services at a residential service, only the disability service provider delivering the majority of the services at the residential service is required to comply with subsection (1).".

(2) In section 57(2) of the Disability Act 2006— (a) after paragraph (a) insert— "(ab) the intended period of time the person

will reside at the residential service;"; (b) for paragraph (e) and the example at the foot

of paragraph (e) substitute— "(e) any conditions or requirements which

apply to the provision of the residential services including any of the following—

(i) restrictions that apply in the residential service;

(ii) supervision requirements that apply in the residential service;

(iii) community access and support requirements;

Example

A resident may have a behaviour support plan or a treatment plan with which the resident must comply.

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(ea) information relating to matters which may lead to the suspension or termination of a person's residency;

(eb) the dates by which the residential statement is to be reviewed—

(i) the first of which being a date not later than 12 months after the date of the statement; and

(ii) any date subsequent to the first date being at least every 12 months;

(ec) whether any directions or civil or criminal orders apply to the person with a disability and, if appropriate, attach the conditions of the order to the residential statement;".

(3) After section 57(3) of the Disability Act 2006 insert—

"(3A) If the treatment plan of a person with a disability is varied after they have been given a residential statement, the disability service provider must ensure that the person is given a copy of the revised conditions, requirements or restrictions as soon as practicable after the disability service provider has received a copy of the varied conditions, requirements or restrictions.".

(4) In section 57(4) of the Disability Act 2006, after "Act" insert "or any directions, conditions of orders or orders a person with a disability has been made subject to under any Act".

(5) In section 57(5) of the Disability Act 2006, after "this Act" insert "or any directions, conditions of orders or orders a person with a disability has been made subject to under any Act".

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(6) In section 57(7) of the Disability Act 2006— (a) after "under this Act" insert "or another

relevant Act"; (b) in paragraph (c), for "Act." substitute

"Act;"; (c) after paragraph (c) insert— "(d) the rights and duties of the resident

subject to any directions or orders made under any Act that requires the resident to live at the residential service including any conditions to which the resident is subject under any direction or order;

(e) the right to seek assistance from the disability service provider to contact an advocate to support the resident in relation to any concerns the resident may have regarding any order the resident is subject to or the conditions on the order they are subject to.".

30 Duties of disability service provider providing residential services

(1) In section 58(1) of the Disability Act 2006— (a) in paragraph (a) omit "and with due regard

to their entitlement to privacy"; (b) in paragraph (e), for "his or her" substitute

"their"; (c) in paragraph (f), for "not" substitute

"subject to subsection (2A), not"; (d) in paragraph (h)(ii), for "support services"

substitute "support and treatment";

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(e) after paragraph (h) insert— "(ha) take reasonable steps to support the

resident in relation to the implementation of any treatment plan or behaviour support plan and in relation to community access;

(hb) disclose information relating to the treatment, support and safety needs of the resident with other service providers in accordance with this Act or any other Act;";

(f) for paragraph (i) substitute— "(i) ensure— (i) that residents receive any

information which they are required to be given under this Part; and

(ii) that it complies with section 7 for the purposes of providing advice, information or notices to residents;

(j) take reasonable steps to support a person with a disability to understand and comply with any direction or order, or condition on any order, or any treatment plan, that the person is subject to and which requires the person to live at the residential service;

(k) if the disability service provider suspects that a direction or an order, or condition on any order, that a person with a disability is subject to and that requires the person to live at the residential service has been breached,

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report the suspected breach to the responsible authority.".

(2) In section 58(2) of the Disability Act 2006— (a) in paragraph (c), for "plan." substitute

"plan; or"; (b) after paragraph (c) insert— "(d) a direction, a civil or criminal order or a

condition on any order to which the resident is subject requiring the person to reside at the residential service.".

(3) After section 58(2) of the Disability Act 2006 insert—

"(2A) For the purposes of subsection (1)(f), a resident's privacy or proper use and enjoyment of the premises is not unreasonably interfered with or limited if the limitation or restriction is imposed by the disability service provider in accordance with—

(a) the resident's behaviour support plan which has been lodged with the Senior Practitioner; or

(b) the resident's treatment plan; or (c) a direction in respect of the resident

given to the disability service provider by the Senior Practitioner, including a direction requiring an amendment to the resident's behaviour support plan or treatment plan; or

(d) a direction, a civil or criminal order, or condition on any order to which the resident is subject requiring the person to reside at the residential service.".

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(4) In section 58(3) of the Disability Act 2006, after "(2)" insert "or (2A)".

(5) After section 58(4) of the Disability Act 2006 insert—

"(5) In this section— responsible authority means—

(a) the entity responsible for supervising an order a person with a disability is subject to that requires the person to reside at a residential service; or

(b) the person who has directed a person with a disability to reside at a residential service.".

31 Duties of residents (1) In section 59(1) of the Disability Act 2006— (a) paragraph (a) is repealed; (b) in paragraph (b), after "the specified

charges" insert "(if any)"; (c) in paragraph (e), for "(d)." substitute "(d);"; (d) after paragraph (e) insert— "(f) comply with any direction or order, or

condition of any direction or order, that the resident is subject to that requires the resident to live at the residential service.".

(2) In section 59(2) of the Disability Act 2006— (a) in paragraph (d), for "provider." substitute

"provider;";

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(b) after paragraph (d) insert— "(e) knowingly and intentionally breach any

conditions specified in their residential statement.".

32 Entry to a resident's room (1) After section 60(2)(c) of the Disability Act 2006

insert— "(ca) the disability service provider suspects on

reasonable grounds that there has been a breach of a direction, a civil or criminal order or a condition of an order that the resident is subject to that requires the resident to reside at the residential service; or".

(2) In section 60(2)(c) and (d) of the Disability Act 2006 omit "if".

(3) In section 60(2)(f) of the Disability Act 2006, for "support services or to provide support as otherwise specified in the resident's support plan" substitute "support or assistance to the person which is related to the person's disability".

(4) Section 60(3) of the Disability Act 2006 is repealed.

33 New sections 61A and 61B inserted After section 61 of the Disability Act 2006 insert—

"61A Termination of residency in residential service

(1) The residency of a person receiving residential services is terminated in the following circumstances—

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(a) if the period of residency specified in the residential statement has expired and written extension of the residency has not been offered;

(b) if the person is no longer subject to a direction or a civil or criminal order requiring them to live at the residential service and suitable alternative premises are available for the person to move to;

(d) if the person has resided somewhere other than the residential service for at least 3 months in accordance with a direction or an order of a court or tribunal and there is no agreement in writing between the person and the Secretary for the residency of the person to continue in the residential service;

(e) if the disability service provider providing the residential service gives the person written notice that the residency of the person in the residential service will end on a future date specified in the notice;

(f) by agreement in writing between the person and the disability service provider providing the residential service.

(2) A disability service provider who is a funded service provider or a contracted service provider must—

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(a) comply with any guidelines issued by the Secretary regarding termination of a person's residency in a residential service; and

(b) at least 30 days before terminating the residency of a person under subsection (1)(d) or (e), notify the Secretary of the proposed termination.

(3) For the purposes of subsection (1)(b), suitable alternative premises are premises that meet guidelines issued by the Secretary (if any).

61B Specialist forensic disability accommodation

(1) The Secretary may in writing determine that accommodation provided by a disability service provider that provides forensic disability support and treatment to people with—

(a) an intellectual disability; or (b) an acquired brain injury or neurological

impairment that is a disability within the meaning of paragraph (a) of the definition of disability—

is specialist forensic disability accommodation.

(2) The Secretary must give the Public Advocate written notice of any determination made under subsection (1) no later than 7 days after making the determination.".

34 Offences relating to interference with rights In section 62(3) of the Disability Act 2006, after "58(2)" insert "or (2A)".

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35 New section 129AA inserted Before section 129 of the Disability Act 2006 insert—

"129AA Minister approved premises (1) The Minister, by notice published in the

Government Gazette, may specify a premises of one of the following types to be a Minister approved premises—

(a) a premises where— (i) a person with a disability resides;

and (ii) that person receives disability

services at the premises; (b) a premises where— (i) an NDIS participant resides; and (ii) the NDIS participant receives

services under the NDIS at the premises;

from an NDIS provider at the premises.

(2) A type of premises specified in subsection (1)(a), (b) or (c) does not include a premises owned or rented by—

(a) a person with a disability, an NDIS participant or a DSOA client; or

(b) a family member of a person specified in paragraph (a).

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(3) In this section— rented, in relation to a premises, means

rented under Part 2, 3, 4 or 4A of the Residential Tenancies Act 1997.".

36 Visiting of residential service or NDIS dwelling (1) In the heading to section 129 of the Disability

Act 2006, for "or NDIS dwelling" substitute ", NDIS dwelling or Minister approved premises".

(2) After section 129(1B) of the Disability Act 2006 insert—

"(1C) A community visitor may visit any Minister approved premises with or without any previous notice at the times and periods that the community visitor thinks fit.".

(3) After section 129(5) of the Disability Act 2006 insert—

"(5A) The Minister may direct a community visitor to visit a Minister approved premises at the times that the Minister directs.".

37 Powers of inspection (1) In section 130(3) of the Disability Act 2006— (a) in paragraphs (a), (b), (c) and (d), after

"participant" insert ", DSOA client"; (b) in paragraph (e), for "an NDIS participant or

SDA resident who is living in the dwelling with the consent of the NDIS participant, the NDIS participant's guardian," substitute "an NDIS participant, a DSOA client or an SDA resident who is living in the dwelling with the consent of the NDIS participant, the NDIS participant's guardian, the DSOA client, the DSOA client's guardian,".

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(2) After section 130(3) of the Disability Act 2006 insert—

"(4) A community visitor is entitled when visiting a Minister approved premises to do one or more of the following—

(a) inspect any part of the premises in which a person with a disability, an NDIS participant or a DSOA client is living;

(b) see any person with a disability, NDIS participant or DSOA client who is living in the premises;

(c) make enquiries relating to the provision of services to persons with a disability, NDIS participants or DSOA clients who are living in the premises;

(d) inspect any document relating to any person with a disability, NDIS participant or DSOA client that is not a medical record and any records required to be kept by or under this Act, the Residential Tenancies Act 1997, the NDIS Act or any regulations, rules or instruments made under those Acts;

(e) inspect any medical record relating to persons with a disability, NDIS participants or DSOA clients living in the premises with the consent of the person with a disability, the person with a disability's guardian, the NDIS participant, the NDIS participant's guardian, the DSOA client or the DSOA client's guardian (as appropriate).".

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38 New section 131B inserted After section 131A of the Disability Act 2006 insert—

"131B Request to see a community visitor— residents of Minister approved premises

(1) Any Minister approved premises resident or any person on behalf of the Minister approved premises resident may request the disability service provider or registered NDIS provider (as appropriate) to arrange for the Minister approved premises resident to be seen by a community visitor.

(2) The disability service provider or registered NDIS provider must advise the Community Visitors Board that a request has been made under subsection (1) within 72 hours of receiving the request. Penalty: 5 penalty units.

(3) Unless subsection (4) applies, the Community Visitors Board must ensure a request is responded to within 7 days of the request being received under subsection (2).

(4) For the purposes of subsection (3), if the Community Visitors Board considers that it would be appropriate in the circumstances, the Community Visitors Board may arrange for the Public Advocate to respond to the request.

(5) The Community Visitors Board may refuse a request under subsection (2) if the Community Visitors Board considers that the request is—

(a) vexatious; or (b) frivolous; or

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After section 132(2) of the Disability Act 2006 insert—

"(2A) If a disability service provider or registered NDIS provider is present when a community visitor visits a Minister approved premises, the disability service provider or registered NDIS provider must keep a record of the visit. Penalty: 5 penalty units.".

40 Heading to Part 6A amended In the heading to Part 6A of the Disability Act 2006 omit "by registered NDIS providers".

41 Section 132ZI substituted For section 132ZI of the Disability Act 2006 substitute—

"132ZI Disability service provider or registered NDIS provider to appoint Authorised Program Officer

(1) A disability service provider or a registered NDIS provider must appoint an Authorised Program Officer if the provider intends to use—

(a) restrictive practices on a person under Part 7; or

(b) compulsory treatment or restrictive practices on a person under Part 8.

(2) More than one Authorised Program Officer may be appointed by a provider under subsection (1).".

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42 Section 132ZJ amended (1) In the heading to section 132ZJ of the Disability

Act 2006, for "Registered" substitute "Disability service provider or registered".

(2) In section 132ZJ(1) of the Disability Act 2006, for "registered" substitute "disability service provider or a registered".

43 Section 132ZL amended (1) In the heading to section 132ZL of the Disability

Act 2006, after "notify" insert "Secretary or". (2) In section 132ZL of the Disability Act 2006, for

"NDIS Commissioner" substitute "Secretary (in the case of a disability service provider) or the NDIS Commissioner (in the case of a registered NDIS provider)".

44 Section 132ZM amended (1) In the heading to section 132ZM of the Disability

Act 2006, after "notify" insert "disability service provider or".

(2) In section 132ZM(1) of the Disability Act 2006, for "registered NDIS provider in accordance with subsection (2) and has considered any submission made by" substitute "disability service provider or the registered NDIS provider in accordance with subsection (2) and has considered any submission made by the disability service provider or".

(3) In section 132ZM(2)(b) of the Disability Act 2006, for "registered" substitute "disability service provider or the registered".

45 Application for review of appointment decision (1) In section 132ZN(1) of the Disability Act 2006,

for "registered" substitute "disability service provider or a registered".

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(2) For section 132ZN(2)(b) of the Disability Act 2006 substitute—

"(b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the disability service provider or the registered NDIS provider requests a statement of reasons for the decision, the day on which—

(i) the statement of reasons is given to the disability service provider or the registered NDIS provider; or

(ii) the disability service provider or the registered NDIS provider is informed under section 46(5) of that Act that a statement of reasons will not be given.".

46 Senior Practitioner may issue directions (1) In section 132ZO(1) of the Disability Act 2006— (a) for "registered" substitute

"disability service providers and registered"; (b) in paragraph (c), for "Officers." substitute

"Officers; and"; (c) after paragraph (c) insert— "(d) any prescribed matter.". (2) After section 132ZO(1) of the Disability

Act 2006 insert— "(1A) The Senior Practitioner may direct a

disability service provider or a registered NDIS provider to appoint an Authorised Program Officer.".

(3) In section 132ZO(2) of the Disability Act 2006, for "this section" substitute "subsection (1)".

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

"Part 7—Use of restrictive practices

133 Purpose and application of Part (1) This Part applies in respect of persons, other

than persons for whom a treatment plan is in force or is required to be prepared under Part 8, who—

(a) receive disability services; or (b) are NDIS participants; or (c) are DSOA clients.

Note

Division 6 of Part 8 also contains protective provisions in relation to persons subject to a treatment plan under Part 8.

(2) This Part also applies in respect of the use of restrictive practices by a registered NDIS provider on an NDIS participant who is subject to a treatment plan if the treatment plan—

(a) is prepared for the NDIS participant by or on behalf of the Authorised Program Officer for a disability service provider; and

(b) is not in accordance with the requirements of the NDIS (Restrictive Practices and Behaviour Support) Rules.

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(3) The purpose of this Part is to— (a) protect the rights of persons with a

disability in respect of whom this Part applies and who are receiving disability services by ensuring that—

(i) restrictive practices are included in behaviour support plans for those persons only in accordance with this Part; and

(ii) restrictive practices are used on those persons only if the requirements of this Part are complied with; and

(b) protect the rights of NDIS participants and DSOA clients in respect of whom this Part applies by ensuring that regulated restrictive practices are used on the person only if the use is authorised.

(4) A provider that is both a disability service provider and a registered NDIS provider is required to comply with this Part either in the provider's capacity as a disability service provider or registered NDIS provider, but not both.

134 Authorised Program Officers An Authorised Program Officer must ensure that any restrictive practice used on a person in respect of whom this Part applies in the provision of—

(a) a disability service; or (b) services under the NDIS; or

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(d) supports under a prescribed program— for which the Authorised Program Officer is responsible is administered in accordance with this Part.

135 Use of regulated restrictive practice only permitted after authorisation and approval given Except as provided for in sections 137 and 145, a disability service provider or a registered NDIS provider must not use a regulated restrictive practice on a person in respect of whom this Part applies unless an authorisation under section 136 for the use of the regulated restrictive practice is in force and—

(a) if the regulated restrictive practice is in the form of seclusion, physical restraint or mechanical restraint, the use of that form has been approved by the Senior Practitioner; and

(b) if the regulated restrictive practice is in the form of a restrictive practice that requires the Senior Practitioner's approval under section 143, the use of that form has been approved by the Senior Practitioner; and

(c) if the use of the regulated restrictive practice on a specified person or class of persons requires the Senior Practitioner's approval under section 143, the use of the regulated restrictive practice in that circumstance

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has been approved by the Senior Practitioner; and

(d) the matters referred to in section 136(1)(a), (b), (e) and (g) are satisfied.

136 Authorisation for use of regulated restrictive practices

(1) The Authorised Program Officer may authorise the use of a regulated restrictive practice on a person in respect of whom this Part applies if the Authorised Program Officer is satisfied that—

(a) the proposed use of the regulated restrictive practice is necessary to prevent the person from causing physical harm to themselves or another person; and

(b) the use and form of the proposed regulated restrictive practice—

(i) is the option which is the least restrictive of the person as is possible in the circumstances; and

(ii) is included in the person's behaviour support plan or NDIS behaviour support plan; and

(iii) is in accordance with the person's behaviour support plan or NDIS behaviour support plan; and

(iv) is not applied for longer than the period of time during which the use of the regulated restrictive practice is necessary under paragraph (a); and

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(c) if the person is receiving disability services from a disability service provider and does not have an NDIS behaviour support plan that is in accordance with the NDIS (Restrictive Practices and Behaviour Support) Rules, the person's behaviour support plan is in accordance with this Part; and

(d) if the person is an NDIS participant or a DSOA client and will be subject to regulated restrictive practices by a registered NDIS provider, the person's NDIS behaviour support plan is in accordance with the requirements of the NDIS (Restrictive Practices and Behaviour Support) Rules; and

(e) if seclusion is to be used— (i) the person is supplied with

bedding and clothing which is appropriate in the circumstances; and

(ii) the person has access to adequate heating or cooling as is appropriate in the circumstances; and

(iii) the person is provided with food and drink at the appropriate times; and

(iv) the person is provided with adequate toilet arrangements; and

(f) the Authorised Program Officer has complied with section 140; and

(g) any other requirements imposed by the Senior Practitioner are complied with.

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(2) An authorisation given under this section is in force until—

(a) the authorisation is revoked; or (b) the person's behaviour support plan or

NDIS behaviour support plan expires; or

(3) An authorisation may be subject to any condition that the Authorised Program Officer considers appropriate, other than a condition requiring the variation of a behaviour support plan or NDIS behaviour support plan.

Note

Section 201D is a corresponding provision in relation to persons for whom treatment plans are in force or are required to be prepared under Part 8.

137 Use of regulated restrictive practice permitted in certain circumstances— disability service provider

(1) A disability service provider may use a regulated restrictive practice on a person to whom the disability service provider is providing disability services and who is also an NDIS participant or a DSOA client with an NDIS behaviour support plan if—

(a) the Authorised Program Officer of the disability service provider has authorised that use under section 136; and

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(b) the disability service provider is satisfied that the criteria specified in section 136(1)(a), (b), (e) and (g) are met; and

(c) if the regulated restrictive practice is in the form of a restrictive practice specified in section 143(1), the use of that form has been approved by the Senior Practitioner.

(2) A disability service provider who uses regulated restrictive practices on a person under subsection (1) must give a report to the Senior Practitioner within 7 days after the end of an interval specified by the Senior Practitioner that details—

(a) all instances in which the regulated restrictive practices were used during the period for which the report is prepared; and

(b) any other details required by the Senior Practitioner.

(3) The Senior Practitioner may issue directions to disability service providers to whom subsection (1) applies in relation to the use of regulated restrictive practices under that subsection.

138 Behaviour support plan to be prepared and include use of regulated restrictive practice—disability service providers

(1) This section applies if— (a) a disability service provider providing a

disability service to a person in respect of whom this Part applies—

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(i) is satisfied that the criteria specified in section 136(1)(a) and (b) apply; and

(ii) proposes to use a regulated restrictive practice on the person; and

(b) the person receiving the disability service does not have an NDIS behaviour support plan that is in accordance with the NDIS (Restrictive Practices and Behaviour Support) Rules.

(2) The disability service provider must ensure that a behaviour support plan is prepared for the person in respect of whom this Part applies that—

(a) states the circumstances in which the proposed form of a regulated restrictive practice is to be used for behaviour support; and

(b) explains how the use of a regulated restrictive practice will be of benefit to the person; and

(c) demonstrates that the use of a regulated restrictive practice is the option which is the least restrictive of the person as is possible in the circumstances; and

(d) includes strategies to reduce and eliminate the need for a regulated restrictive practice to be used on the person; and

(e) takes into account any— (i) previous behaviour assessments;

and

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(ii) other relevant assessments; and (f) includes the changes to be made to the

environment of the person to reduce or eliminate the need for the regulated restrictive practice to be used on the person.

(3) The disability service provider must ensure that during the preparation of the behaviour support plan the following persons are consulted—

(a) the person for whom the behaviour support plan is being prepared;

(b) if the person for whom the behaviour support plan is being prepared has a guardian, the person's guardian;

(c) if any other disability service providers provide disability services to the person for whom the behaviour support plan is being prepared, a representative of each disability service provider;

(d) if any registered NDIS providers provide services under the NDIS to the person for whom the behaviour support plan is being prepared, a representative of each registered NDIS provider;

(e) any other person specified by the person for whom the behaviour support plan is being prepared;

(f) any other person that the disability service provider considers integral to the development of the behaviour support plan.

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139 Review of behaviour support plan— disability service providers

(1) A disability service provider must ensure that a behaviour support plan prepared under section 138 is reviewed at intervals of not more than—

(a) 12 months; or (b) if the Authorised Program Officer or

the Senior Practitioner specifies a shorter period, the specified period.

(2) A person for whom a behaviour support plan was prepared under section 138 may request a review of the plan at any time.

(3) A review under this section must consider— (a) strategies to reduce and eliminate the

need for the regulated restrictive practice to be used on the person for whom the behaviour support plan was prepared; and

(b) any previous behaviour support assessments; and

environment of the person for whom the behaviour support plan was prepared to reduce or eliminate the need for the regulated restrictive practice to be used on the person.

(4) The disability service provider must ensure that in a review of a behaviour support plan the following persons are consulted—

(a) the person for whom the behaviour support plan was prepared;

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(b) if the person for whom the behaviour support plan was prepared has a guardian, the person's guardian;

(c) if any other disability service providers provide disability services to the person for whom the behaviour support plan was prepared, a representative of each disability service provider;

(d) if any registered NDIS providers provide services under the NDIS to the person for whom the behaviour support plan is prepared, a representative of each registered NDIS provider;

(e) any other person specified by the person for whom the behaviour support plan was prepared;

(f) any other person that the disability service provider considers integral to the review of the behaviour support plan.

140 Independent person (1) An Authorised Program Officer must ensure

that an independent person is available to explain to a person in respect of whom this Part applies—

(a) the proposed use of a regulated restrictive practice on the person; and

(b) that the person to whom this Part applies may seek, as the case requires—

(i) a review of the Authorised Program Officer's decision under section 136 to authorise the use of a regulated restrictive practice; or

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(ii) a joint review of the Authorised Program Officer's decision under section 136 to authorise the use of a regulated restrictive practice and the Senior Practitioner's decision under section 143 to approve the use.

Note

Section 136(1)(f) provides that authorisation for use of a regulated restrictive practice under this Part may only be given if the Authorised Program Officer has complied with this section.

(2) Subject to subsection (3), if changes are proposed to a behaviour support plan or an NDIS behaviour support plan as a result of a review by a disability service provider or an NDIS behaviour support practitioner, an Authorised Program Officer must ensure that an independent person is available to explain to the person for whom the behaviour support plan was prepared—

(a) the details of those changes; and (b) if those changes involve the inclusion

of a more restrictive form or use of regulated restrictive practice, any matter related to the inclusion of the regulated restrictive practice.

(3) An Authorised Program Officer is not required to ensure that an independent person is available under subsection (2) if—

(a) it is not proposed, as a result of the review, that a more restrictive form or use of regulated restrictive practice be included in the behaviour support plan or NDIS behaviour support plan; and

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(b) the person for whom the behaviour support plan or NDIS behaviour support plan was prepared has had the plan reviewed by the disability service provider or NDIS behaviour support practitioner in the last 12 months; and

(4) The independent person must notify the Senior Practitioner if the independent person considers that—

(a) the person to whom this Part applies is not able to understand the proposal to use the regulated restrictive practice; and

(b) the requirements of this Act or the relevant requirements of the NDIS Act or NDIS (Restrictive Practices and Behaviour Support) Rules are not being complied with.

(5) The independent person may notify the Public Advocate of any circumstances described in subsection (4).

(6) The independent person must notify the Senior Practitioner if the independent person considers that this Act, or the requirements of the NDIS Act or NDIS (Restrictive Practices and Behaviour Support) Rules, as the case requires, were not complied with when the behaviour support plan or NDIS behaviour support plan for the person to whom this Part applies was being prepared or authorised before the independent person explains the plan to the person.

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(7) The independent person may consult the Senior Practitioner if the independent person is concerned that this Act, or the requirements of the NDIS Act or NDIS (Restrictive Practices and Behaviour Support) Rules, as the case requires, were not complied with when the behaviour support plan or NDIS behaviour support plan for the person to whom this Part applies was being prepared or authorised.

(8) An independent person assisting the person to whom this Part applies must not—

(a) be a disability service provider or an NDIS provider for the person; or

(b) be a representative of a disability service provider or an NDIS provider for the person; or

(d) have any responsibility in relation to the development or review of the person's behaviour support plan or NDIS behaviour support plan.

(9) If a person in respect of whom this Part applies advises their disability service provider or registered NDIS provider that they do not consider that the person assisting them is an independent person, the Authorised Program Officer for that provider must arrange for an independent person to assist the person.

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141 Powers of Public Advocate (1) On receiving a notification under

section 140(5), the Public Advocate may do one or more of the following—

(a) refer the matter to the Senior Practitioner;

(b) within 28 days after receiving the notification, initiate an application to VCAT to review the decision by the Authorised Program Officer to authorise the use of a regulated restrictive practice and, as the case requires, the decision by the Senior Practitioner to approve the use;

(i) in the case of a disability service provider, to the Secretary; or

(ii) in the case of a registered NDIS provider, to the NDIA or the NDIS Quality and Safeguards Commission.

(2) This section is in addition to the powers of the Public Advocate under the Guardianship and Administration Act 2019.

142 Information to be provided (1) The Authorised Program Officer, within

2 working days after authorising the use of a regulated restrictive practice on a person under section 136, must ensure that the Senior Practitioner is given—

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(a) a copy of the person's behaviour support plan or NDIS behaviour support plan; and

(b) the name and details of the independent person who assisted the person; and

(c) if the person is an NDIS participant or a DSOA client, any information provided to the NDIS Quality and Safeguards Commission in relation to the use of a regulated restrictive practice that is not included in the person's NDIS behaviour support plan; and

(d) any other information required by the Senior Practitioner.

(2) A disability service provider or a registered NDIS provider, at least 2 working days before using a regulated restrictive practice described in subsection (1) on a person, must—

(a) give the person a notice in accordance with subsection (3); and

(b) explain the notice to the person in accordance with section 7.

(3) A notice under subsection (2) must state that—

(a) the Authorised Program Officer has authorised under section 136 the use of a regulated restrictive practice on the person and, as the case requires, the Senior Practitioner has approved the use under section 143; and

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(b) the person may seek, as the case requires—

(i) a review of the Authorised Program Officer's decision under section 136 to authorise the use of the regulated restrictive practice; or

(ii) a joint review of the Authorised Program Officer's decision under section 136 to authorise the use of the regulated restrictive practice and the Senior Practitioner's decision under section 143 to approve the use.

143 Approval by Senior Practitioner to use certain regulated restrictive practices

(1) The Senior Practitioner, if satisfied of the matters in subsection (2), may approve a disability service provider or a registered NDIS provider to use—

(a) a regulated restrictive practice in the form of seclusion, physical restraint or mechanical restraint; or

(b) a form of regulated restrictive practice specified as requiring approval under this section in a direction given by the Senior Practitioner; or

(c) a regulated restrictive practice on a specified person or class of persons specified as requiring approval under this section in a direction given by the Senior Practitioner.

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(2) For the purposes of subsection (1), the matters are—

(a) the proposed use of the regulated restrictive practice is necessary to prevent the person in respect of whom this Part applies from causing physical harm to themselves or to another person; and

(b) the use and form of the proposed regulated restrictive practice is the option which is the least restrictive of the person as is possible in the circumstances; and

(i) is included in the person's behaviour support plan or NDIS behaviour support plan; and

(ii) is in accordance with the person's behaviour support plan or NDIS behaviour support plan; and

(iii) is not applied for longer than the period of time during which the use of the regulated restrictive practice is necessary under paragraph (a); and

(d) if the person is receiving disability services from a disability service provider and does not have an NDIS behaviour support plan that is in accordance with the NDIS (Restrictive Practices and Behaviour Support) Rules, the person's behaviour support plan is in accordance with this Part; and

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(e) if the person is an NDIS participant or a DSOA client and will be subject to regulated restrictive practices by a registered NDIS provider, the person's NDIS behaviour support plan is in accordance with the requirements of the NDIS (Restrictive Practices and Behaviour Support) Rules; and

(f) if seclusion is to be used, that— (i) the person is supplied with

bedding and clothing which is appropriate in the circumstances; and

(ii) the person has access to adequate heating or cooling as is appropriate in the circumstances; and

(iii) the person is provided with food and drink at the appropriate times; and

(iv) the person is provided with adequate toilet arrangements; and

(g) any other requirements imposed by the Senior Practitioner are complied with.

(3) An approval given under this section is in force until—

(a) the approval is revoked; or (b) the person's behaviour support plan or

NDIS behaviour support plan expires; or

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(4) The Senior Practitioner, if satisfied that it is appropriate to do so, may lodge evidence with the NDIS Commissioner or the registered NDIS provider that the proposed use of a regulated restrictive practice on an NDIS participant or a DSOA client is authorised by the Authorised Program Officer and, as the case requires, approved by the Senior Practitioner.

144 Review by VCAT (1) A person in respect of whom this Part

applies may apply to VCAT for a review of—

(a) an Authorised Program Officer's decision under section 136 to authorise the use of a regulated restrictive practice on the person, if that decision did not require the approval of the Senior Practitioner; or

(b) an Authorised Program Officer's decision under section 136 to authorise the use of a regulated restrictive practice on the person and the Senior Practitioner's decision under section 143 to approve that use.

(2) A disability service provider or a registered NDIS provider may apply to VCAT for a review of a decision by the Senior Practitioner under section 143 not to approve the use of a regulated restrictive practice.

(3) An application under subsection (1) or (2) must be made within 28 days after the day on which the person or provider is notified of the decision.

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(4) On an application under this section, VCAT must determine the review having regard to the requirements of this Part.

(5) On an application under subsection (1)(a), VCAT may do any of the following—

(a) confirm the decision to authorise the use of the regulated restrictive practice and dismiss the application;

(b) subject to paragraph (c), in the case of a disability service provider, order the disability service provider to ensure a new behaviour support plan is prepared in accordance with the order;

(c) where an NDIS behaviour support plan is being used for the person, order the disability service provider or the registered NDIS provider to request a review of the NDIS behaviour support plan by the NDIS behaviour support practitioner;

(d) direct that the regulated restrictive practice not be used on the person.

(6) On an application under subsection (1)(b), VCAT may do any of the following—

(a) confirm the decisions to authorise and approve the use of the regulated restrictive practice and dismiss the application;

(b) subject to paragraph (c), in the case of a disability service provider, order the disability service provider to ensure a new behaviour support plan is prepared in accordance with the order;

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(d) direct that the regulated restrictive practice not be used on the person.

(7) On an application under subsection (2), VCAT may do any of the following—

(a) confirm the Senior Practitioner's decision not to approve the use of the regulated restrictive practice and dismiss the application;

(b) subject to paragraph (c), in the case of a disability service provider, order the disability service provider to ensure a new behaviour support plan is prepared in accordance with the order;

(d) direct the Senior Practitioner to approve the use of the regulated restrictive practice on the person.

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145 Authorisation for use of regulated restrictive practices in emergencies

(1) This section applies if— (a) a person in respect of whom this Part

applies— (i) does not have a behaviour support

plan or an NDIS behaviour support plan which provides for the use of regulated restrictive practices; or

(ii) has a behaviour support plan or an NDIS behaviour support plan which provides for the use of regulated restrictive practices and—

(A) the Authorised Program Officer has authorised that use; and

(B) if the Senior Practitioner is required to approve the use, the Senior Practitioner has not done so; or

(iii) has a behaviour support plan or an NDIS behaviour support plan which provides for the use of regulated restrictive practices and the Authorised Program Officer has not authorised that use; and

(b) the person in charge of the relevant disability service provider or registered NDIS provider is of the opinion that there is an emergency because—

(i) there is an imminent risk of the person in respect of whom this Part applies causing serious

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physical harm to themselves or another person; and

(ii) it is necessary to use a regulated restrictive practice to prevent that risk.

(2) The disability service provider or registered NDIS provider is authorised to use a regulated restrictive practice on the person in respect of whom this Part applies if—

(a) the proposed use and form of the regulated restrictive practice is the option which is the least restrictive of the person as is possible in the circumstances; and

(b) the use of the regulated restrictive practice is authorised by the person in charge of the disability service provider or registered NDIS provider; and

(c) the Authorised Program Officer (if one has been appointed) is notified without delay of the use of the regulated restrictive practice.

(3) If an Authorised Program Officer has not been appointed for the disability service provider or registered NDIS provider and the provider intends to continue to use a regulated restrictive practice on the person in respect of whom this Part applies (subject to obtaining the required authorisation under section 136 and, as the case requires, approval under section 143), the disability service provider or registered NDIS provider must appoint an Authorised Program Officer as soon as practicable in accordance with Part 6A.

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146 Directions and other requirements of Senior Practitioner

(1) The Senior Practitioner may give a written direction in relation to any of the following matters—

(a) prohibiting the use of a specified restrictive practice;

(b) prohibiting the use of a specified class of restrictive practice;

(d) regulating the use of a specified class of restrictive practice;

(e) prohibiting or regulating the use of a specified restrictive practice on a person belonging to a specified class of—

(i) persons with a disability; or (ii) NDIS participants; or (iii) DSOA clients; (f) prohibiting or regulating the use of a

specified class of restrictive practices on a person belonging to a specified class of—

(i) persons with a disability; or (ii) NDIS participants; or (iii) DSOA clients; (g) requiring approval from the Senior

Practitioner for the use of a specified restrictive practice;

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(h) requiring approval from the Senior Practitioner for the use of a specified class of restrictive practice;

(i) requiring approval from the Senior Practitioner for the use of a specified class of restrictive practice on a person belonging to a specified class of—

(i) persons with a disability; or (ii) NDIS participants; or (iii) DSOA clients; (j) guidelines and standards in relation to

the use of restrictive practices; (k) any prescribed matter. (2) A direction under subsection (1) may be

given to one or more of the following— (a) a specified disability service provider

or registered NDIS provider; (b) disability service providers generally; (c) registered NDIS providers generally; (d) a class of disability service provider or

registered NDIS provider. (3) The Senior Practitioner may require a

registered NDIS provider to provide a report to the Senior Practitioner on the use of restrictive practices by the registered NDIS provider.

147 Reporting emergency use of regulated restrictive practices—disability service providers

(1) The Authorised Program Officer for a disability service provider must give to the Senior Practitioner a monthly report on the

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use of a regulated restrictive practice under section 145.

(2) A report under subsection (1) must be given within 7 days after the end of each month and specify—

(a) the form of the regulated restrictive practice used and, if seclusion was used, the period of time during which it was used; and

(b) the reasons why the regulated restrictive practice was used; and

(d) the name of the person who approved the use of the regulated restrictive practice; and

(e) the name of the person who applied the regulated restrictive practice or, if seclusion was used, kept the person in seclusion.

148 Reporting use of regulated restrictive practices—disability service providers

(1) The Senior Practitioner must— (a) monitor whether the use of a

regulated restrictive practice by a disability service provider is in accordance with this Part; and

(b) subject to any guidelines issued under subsection (3), advise the Authorised Program Officer who authorised the regulated restrictive practice as to the intervals, not exceeding 12 months, in which the Authorised Program Officer is to give to the Senior Practitioner a

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report on the implementation of a person's behaviour support plan or NDIS behaviour support plan.

(2) A report required under subsection (1)(b) must—

(a) be provided within 7 days after the end of the interval advised under subsection (1)(b); and

(b) contain the matters under section 147(2); and

(c) include a record of all instances in which regulated restrictive practices have been used during the period for which the report is prepared; and

(d) specify any details required by the Senior Practitioner in respect of each instance included under paragraph (c); and

(e) have attached a copy of the person's current behaviour support plan or NDIS behaviour support plan if the use of regulated restrictive practices is being continued.

(3) For the purposes of this section, the Senior Practitioner may make and issue guidelines relating to the preparation of reports including enabling the preparation of a consolidated report by an Authorised Program Officer where more than one disability service provider is providing disability services to a person in respect of whom this Part applies involving the use of regulated restrictive practices.

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149 Offences (1) A disability service provider or a registered

NDIS provider must not use a regulated restrictive practice on a person in respect of whom this Part applies except in accordance with—

(a) section 135; or (b) section 137; or (c) section 145.

Penalty: 240 penalty units. (2) Except in accordance with section 145, a

disability service provider or a registered NDIS provider must not use restrictive practices on a person in respect of whom this Part applies if the Senior Practitioner has not approved the appointment of the provider's Authorised Program Officer. Penalty: 240 penalty units.".

48 Restrictions on liberty or freedom of movement At the end of section 150A of the Disability Act 2006 insert—

"(2) A registered NDIS provider must not detain a person with an intellectual disability otherwise than in accordance with this Part. Penalty: 240 penalty units.

(3) A disability service provider or a registered NDIS provider must not use compulsory treatment on a person if the Senior Practitioner has not approved the appointment of the provider's Authorised Program Officer. Penalty: 240 penalty units.".

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49 Authorised Program Officer must prepare treatment plan

(1) In section 153(3)(b) of the Disability Act 2006 omit "his or her".

(2) In section 153(3A)(b)(i) of the Disability Act 2006 omit "he or she is".

50 Security conditions In section 159(1) of the Disability Act 2006, for "A resident" substitute "Subject to section 159A, a resident".

51 New section 159A inserted After section 159 of the Disability Act 2006 insert—

"159A Secretary to approve certain security conditions

(1) A security condition that is a restrictive practice and which will apply to all residents detained in a residential treatment facility must be approved by the Secretary.

(2) The Secretary may approve a security condition described in subsection (1) if the purpose of the security condition is for—

(a) the supervision of residents; or (b) the security of the residential treatment

facility. (3) The Secretary must consult the Senior

Practitioner before making a decision under this section.".

52 Appeals regarding extended leave In section 163(3) of the Disability Act 2006, for "he or she" substitute "that person".

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53 Appeals regarding revocation of extended leave In section 165(3) of the Disability Act 2006, for "he or she" substitute "that person".

54 Preparation of treatment plan (1) In section 167(2)(b) of the Disability Act 2006

omit "his or her". (2) In section 167(2A)(b)(i) of the Disability

Act 2006 omit "he or she is". 55 Certain disability service providers not required to

comply with Division In the note at the foot of section 184(2) of the Disability Act 2006, for "section 201B(2)" substitute "Division 6".

56 Sections 185 to 191 substituted and new sections 191A, 191B and 191C inserted

For sections 185 to 191 of the Disability Act 2006 substitute—

"185 Provision of services to persons subject to supervised treatment order If a person is subject to a supervised treatment order, only a disability service provider or a registered NDIS provider may provide disability services or services under the NDIS (as the case requires) to that person.

186 Authorised Program Officers An Authorised Program Officer for a primary service provider must ensure that any supervised treatment used in the provision of a disability service or services under the NDIS by the primary service provider is administered in accordance with this Division.

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187 Senior Practitioner may approve accommodation for supervised treatment

(1) The Senior Practitioner, on application by a disability service provider or a registered NDIS provider, may approve in writing accommodation at which supervised treatment will be provided to a person under this Part.

(2) An application under subsection (1) must— (a) be in the form approved by the Senior

Practitioner; and (b) include any information required by the

Senior Practitioner. (3) The Senior Practitioner must not approve

accommodation under subsection (1) unless satisfied that—

(a) the accommodation is provided by, on behalf of, or by arrangement with, the applicant; and

(b) the Authorised Program Officer for the applicant has obtained, applied for or intends to apply for a supervised treatment order in respect of the person; and

(d) the accommodation is suitable for persons to reside in for the purposes of receiving supervised treatment.

(4) The Senior Practitioner at any time in writing may—

(a) impose, vary or revoke a condition on the approval of accommodation; and

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(b) revoke the approval of accommodation. (5) The Residential Tenancies Act 1997 does

not apply in respect of accommodation approved under subsection (1).

188 Senior Practitioner must notify Public Advocate of approved accommodation

(1) The Senior Practitioner, within 7 days of approving accommodation under section 187, must notify the Public Advocate of that approval.

(2) A notification under subsection (1) must include the expiry date of the approval, if any.

(3) The Senior Practitioner, within 7 days of revoking an approval under section 187, must notify the Public Advocate of that revocation.

189 Treatment plans (1) A treatment plan prepared by or on behalf of

an applicant for the purposes of an application under section 191(1) must include provisions that—

(a) specify the treatment that will be provided to the person during the period of the supervised treatment order; and

(b) state the expected benefit to the person of the treatment; and

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Note

Division 6 contains provisions in relation to the use of restrictive practices in accordance with, and the inclusion of restrictive practices in, a treatment plan.

(d) set out the details of each disability service provider and registered NDIS provider that will be providing services to the person and the nature of those services; and

(e) state the level of supervision which will be required to ensure that the person participates in the treatment; and

(f) set out a proposed process for the transition of the person to lower levels of supervision and, if appropriate, to living in the community without a supervised treatment order being required.

(2) A treatment plan prepared under this section for an NDIS participant by or on behalf of the Authorised Program Officer for a registered NDIS provider—

(a) must be prepared in accordance with the requirements of—

(i) this Part; and (ii) the NDIS (Restrictive Practices

and Behaviour Support) Rules; and

(b) is taken to be the NDIS participant's NDIS behaviour support plan.

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190 Authorised Program Officer must give treatment plan to person

(1) This section applies if— (a) a treatment plan has been prepared

under section 189; and (b) that treatment plan has been approved

by the Senior Practitioner. (2) Before applying for a supervised treatment

order under section 191(1) in respect of a person, the Authorised Program Officer for a primary service provider must ensure that the treatment plan—

(a) is explained to that person and the person's guardian (if any) in accordance with section 7; and

(b) is given to that person and the person's guardian (if any).

191 Application for supervised treatment order

(1) The Authorised Program Officer for a primary service provider may apply to VCAT for a supervised treatment order to be made in respect of a person (including an NDIS participant) if—

(a) the person has an intellectual disability; and

(b) the person is residing in— (i) a residential service; or (ii) an SDA enrolled dwelling as an

SDA resident under an SDA residency agreement; or

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(iii) accommodation approved by the Senior Practitioner under section 187; and

(c) the Senior Practitioner has approved a treatment plan prepared under section 189 by or on behalf of the applicant; and

(d) the Authorised Program Officer considers that the person meets the criteria in section 193(1A).

(2) The Senior Practitioner may direct the Authorised Program Officer for a primary service provider to make an application under subsection (1) in respect of a person if the Senior Practitioner considers that the person—

(a) has an intellectual disability; and (b) is residing in accommodation of a type

specified in subsection (1)(b); and (c) is being detained to prevent a

significant risk of serious harm to another person without a supervised treatment order applying.

191A Information to be included in application for supervised treatment order

(1) An application under section 191(1) must include—

(a) a certificate given by the Senior Practitioner which specifies that the person in respect of whom the application is made—

(i) has an intellectual disability; and

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(ii) is residing in accommodation of a type specified in section 191(1)(b); and

(iii) poses a significant risk of serious harm to another person which cannot be substantially reduced by using less restrictive means than a supervised treatment order; and

(iv) has a treatment plan that has been approved by the Senior Practitioner; and

(b) any risk assessment reviewed by the Senior Practitioner to inform the matters specified in paragraph (a)(iii).

(2) If an application under section 191(1) is made in respect of a person who is residing in accommodation specified in section 191(1)(b)(iii), the application must include a copy of the written approval given by the Senior Practitioner under section 187.

(3) An application under section 191(1) may include any information informing—

(a) the treatment plan of the person in respect of whom the application is made; or

(b) any risk assessment referred to in subsection (1)(b).

(4) VCAT, in a proceeding relating to an application under section 191(1), may order the applicant or the Senior Practitioner—

(a) to produce the information described in subsection (3); and

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(b) to arrange additional assessments of the person in respect of whom the application for a supervised treatment order is made (except an assessment as to whether or not the person has an intellectual disability); and

191B Senior Practitioner must notify NDIS Commissioner if certificate issued The Senior Practitioner must give written notice to the NDIS Commissioner that a certificate referred to in section 191A(1)(a) has been given by the Senior Practitioner in relation to an NDIS participant.

191C Notification of application and parties to proceeding

(1) The applicant must notify the following persons of an application under section 191(1)—

(a) the person in respect of whom the supervised treatment order is proposed to be made;

(b) the Senior Practitioner; (c) the Public Advocate. (2) The person in respect of whom the

supervised treatment order is proposed to be made is a party to a proceeding relating to an application under section 191(1).

(3) On the application of the Senior Practitioner, VCAT must join the Senior Practitioner as a party to a proceeding relating to an application under section 191(1).

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(4) On the application of the Public Advocate, VCAT must join the Public Advocate as a party to a proceeding relating to an application under section 191(1).

(5) If a person is joined as a party under subsection (3) or (4), that person is a party to a proceeding relating to any other application under section 191(1) concerning the person in respect of whom the supervised treatment order is proposed to be made.".

57 Heading to section 192 amended In the heading to section 192 of the Disability Act 2006, for "Disability service provider or registered NDIS provider" substitute "Authorised Program Officer".

58 Supervised treatment order for persons with a disability and NDIS participants

(1) In section 193(1)(a), (b) and (c) of the Disability Act 2006, for "section 191(1) or (1A)" substitute "subsection (1A) and section 191(1)(a) to (c)".

(2) After section 193(1) of the Disability Act 2006 insert—

"(1A) VCAT may only make a supervised treatment order if VCAT is satisfied that—

(a) the person has previously exhibited a pattern of violent or dangerous behaviour causing serious harm to another person or exposing another person to a significant risk of serious harm; and

(b) there is a significant risk of serious harm to another person which cannot be substantially reduced by using less restrictive means; and

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(c) the services to be provided to the person in accordance with the treatment plan will be of benefit to the person and substantially reduce the significant risk of serious harm to another person; and

(d) the person is unable or unwilling to consent to voluntarily complying with a treatment plan to substantially reduce the significant risk of serious harm to another person; and

(e) it is necessary to detain the person to ensure compliance with the treatment plan and prevent a significant risk of serious harm to another person.".

(3) For section 193(2A) of the Disability Act 2006 substitute—

"(2A) On an application under section 191(1) in respect of an NDIS participant who will be subject to the use of restrictive practices by a registered NDIS provider under a treatment plan attached to a supervised treatment order that is to be used as the NDIS participant's NDIS behaviour support plan, VCAT must not specify that the treatment plan of the NDIS participant be varied—

(a) with respect to any regulated restrictive practices; or

(b) in such a manner that the treatment plan would not be able to be implemented.

(2B) In deciding whether to make a supervised treatment order, VCAT may consider any relevant information including—

(a) the information described in section 191A(3); and

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(b) any assessment report produced under section 191A(4); and

(c) any relevant information obtained in an earlier proceeding relating to the person in respect of whom the supervised treatment order is proposed to be made.".

(4) In section 193(3) of the Disability Act 2006— (a) in paragraph (a), after "Officer" insert

"for the primary service provider"; (b) for paragraph (b) substitute— "(b) require the person to whom the

supervised treatment order applies to reside in accommodation—

(i) of the type specified in the certificate referred to in section 191A(1)(a); or

(ii) of a type specified in section 191(1)(b) and approved in writing by the Senior Practitioner;".

59 Application by the Public Advocate (1) In section 194(1)(a) of the Disability Act 2006,

after "Officer" insert "for a primary service provider".

(2) After section 194(1) of the Disability Act 2006 insert—

"(1A) The Public Advocate must notify the Senior Practitioner of an application under subsection (1).

(1B) The following persons are parties to a proceeding relating to an application under subsection (1)—

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(a) the person in respect of whom the supervised treatment order is proposed to be made;

(b) the Authorised Program Officer for the person's primary service provider.

(1C) On the application of the Senior Practitioner, VCAT must join the Senior Practitioner as a party to a proceeding relating to an application under subsection (1).".

60 New sections 194A, 194B and 194C inserted After section 194 of the Disability Act 2006 insert—

"194A Responsibilities of Authorised Program Officers for primary service providers

(1) The Authorised Program Officer for a primary service provider must notify each disability service provider or registered NDIS provider specified in a treatment plan under a supervised treatment order for which the Authorised Program Officer is responsible of the conditions and requirements of the supervised treatment order.

(2) Notification under subsection (1) must be given—

(a) as soon as practicable after the supervised treatment order is made; or

(b) if the provider was not providing services to the person subject to the supervised treatment order before the order was made, before the provider commences providing services to the person.

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(3) The Authorised Program Officer must notify the Senior Practitioner as soon as practicable after becoming aware that a disability service provider or a registered NDIS provider referred to in subsection (1) is—

(a) not complying with a condition of the supervised treatment order; or

(b) allowing the person who is subject to the supervised treatment order to contravene the order.

194B Responsibilities of disability service providers and registered NDIS providers

(1) A disability service provider or a registered NDIS provider specified in a treatment plan under a supervised treatment order (other than the primary service provider) must take reasonable steps to ensure that the provider does not cause the person who is subject to the supervised treatment order to contravene that order.

(2) A disability service provider or a registered NDIS provider specified in a treatment plan under a supervised treatment order (other than the primary service provider) must notify the Senior Practitioner and the primary service provider as soon as practicable after becoming aware that the person who is subject to the supervised treatment order has contravened a condition of the order.

(3) A notification under subsection (2) may be given orally.

Notes

1 Division 6 also contains obligations for providers using restrictive practices on persons who are subject to supervised treatment orders.

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2 See Part 6A for the requirement to appoint an Authorised Program Officer.

194C Authorised Program Officer responsible for implementing treatment plan An Authorised Program Officer for a disability service provider or a registered NDIS provider specified in a treatment plan under a supervised treatment order (other than the primary service provider) must ensure that the provider implements any part of the treatment plan that concerns the provision of services by that provider.".

61 Supervision of supervised treatment order (1) In section 195(2) of the Disability Act 2006, after

"Officer" insert "for a primary service provider". (2) After section 195(2) of the Disability Act 2006

insert— "(2A) If requested to do so by the Senior

Practitioner, an Authorised Program Officer for a disability service provider or a registered NDIS provider specified in a treatment plan (other than a primary service provider) must report on the implementation of the treatment plan at intervals specified by the Senior Practitioner.

(2B) An Authorised Program Officer for a disability service provider or a registered NDIS provider specified in a treatment plan must report on the use of restrictive practices on the person who is subject to the treatment plan at intervals, not exceeding 6 months, specified by the Senior Practitioner.".

(3) In section 195(4) of the Disability Act 2006, after "subsection (5)" insert ", (5A) or (5B)".

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(4) In section 195(5) of the Disability Act 2006, after "subsection (4)" insert "and unless subsection (5A) or (5B) applies".

(5) For section 195(5A) of the Disability Act 2006 substitute—

"(5A) Despite subsection (5) and unless subsection (5B) applies, in the case of an NDIS participant who will be subject to the use of restrictive practices by a registered NDIS provider under a treatment plan attached to a supervised treatment order that is to be used as the NDIS participant's NDIS behaviour support plan, if a material change to a treatment plan relates to an increase in the level of supervision or restriction—

(a) the Senior Practitioner must not approve the change; and

(b) the Authorised Program Officer must apply to VCAT for—

(i) a variation of the treatment plan under section 196, if the proposed variation is to the treatment plan and does not relate to a regulated restrictive practice; or

(ii) a review of the supervised treatment order under section 196, if, following a review of the NDIS participant's treatment plan, a material change is made to that plan relating to the use of a regulated restrictive practice.".

(6) In section 195(5B) of the Disability Act 2006— (a) after "subsection" insert "(5) and";

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(b) for "is subject to a supervised treatment order obtained by an Authorised Program Officer for a registered NDIS provider" substitute "will be subject to the use of restrictive practices by a registered NDIS provider under a treatment plan attached to a supervised treatment order that is to be used as the NDIS participant's NDIS behaviour support plan";

(d) in paragraph (b)(ii), for "NDIS behaviour support" substitute "treatment".

(7) After section 195(5B) of the Disability Act 2006 insert—

"(5C) A change to the specified disability service providers and registered NDIS providers (other than the primary service provider) in a treatment plan may be made with the approval of the Senior Practitioner.".

(8) After section 195(6) of the Disability Act 2006 insert—

"(7) For the avoidance of doubt, any disability service provider or registered NDIS provider providing disability services or services under the NDIS to the person who is subject to the treatment plan may make a request to the Senior Practitioner to make a material change to that treatment plan.".

62 Application for review, variation or revocation (1) In section 196(1) of the Disability Act 2006— (a) for "Officer or" substitute "Officer for a

primary service provider or";

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(b) for paragraph (b) substitute— "(b) except as provided under

subsection (2), to vary the supervised treatment order or the treatment plan;".

(2) For section 196(2) of the Disability Act 2006 substitute—

"(2) An application may not be made under subsection (1)(b) if—

(a) the person who is subject to the supervised treatment order is an NDIS participant; and

(b) the treatment plan is also to be used as the NDIS participant's NDIS behaviour support plan; and

(d) the proposed variation— (i) includes any regulated restrictive

practices; or (ii) would result in the treatment plan

being unable to be implemented.". (3) After section 196(4) of the Disability Act 2006

insert— "(4A) The applicant under subsection (1) must

notify the following persons of the application (unless the person to be notified is a party to the proceeding)—

(a) the Senior Practitioner; (b) the Public Advocate. (4B) The following persons are parties to a

proceeding relating to an application under subsection (1)—

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(a) the person who is subject to the supervised treatment order;

(b) the Authorised Program Officer for the person's primary service provider.

(4C) If the Senior Practitioner was a party to a proceeding under section 191 or 194 in relation to the person who is subject to the supervised treatment order, the Senior Practitioner is a party to a proceeding relating to an application under subsection (1).

(4D) If the Public Advocate was a party to a proceeding under section 191 or 194 in relation to the person who is subject to the supervised treatment order, the Public Advocate is a party to a proceeding relating to an application under subsection (1).

(4E) On the application of the Senior Practitioner, VCAT must join the Senior Practitioner as a party to a proceeding relating to an application under subsection (1).

(4F) On the application of the Public Advocate, VCAT must join the Public Advocate as a party to a proceeding relating to an application under subsection (1).".

(4) In section 196(5) of the Disability Act 2006— (a) in paragraph (a)— (i) for "section 191(1) or (1A), as the case

requires," substitute "sections 191(1)(a) to (c) and 193(1A)";

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(ii) for subparagraph (ii) substitute— "(ii) confirm the supervised treatment

order or treatment plan subject to any variation that VCAT considers appropriate, unless—

(A) the supervised treatment order is for an NDIS participant who will be subject to the use of restrictive practices by a registered NDIS provider; and

(B) the treatment plan is to be used as the NDIS participant's NDIS behaviour support plan; and

(C) the proposed variation relates to any regulated restrictive practices or would result in the NDIS participant's treatment plan being unable to be implemented; or";

(b) in paragraph (b), for "section 191(1) or (1A), as the case requires," substitute "sections 191(1)(a) to (c) and 193(1A)".

(5) For section 196(7)(b) of the Disability Act 2006 substitute—

"(b) if the supervised treatment order is for an NDIS participant who will be subject to the use of restrictive practices by a registered NDIS provider and the treatment plan is also to be used as the NDIS participant's NDIS behaviour support plan, the proposed variation—

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(i) does not relate to any regulated restrictive practices; and

(ii) would not result in the NDIS participant's treatment plan being unable to be implemented; and

(c) if the proposed variation is to change the primary service provider stated in the supervised treatment order, the proposed new primary service provider satisfies the requirements in section 3C(1) or (2).".

(6) In section 196(8)(a) and (b) of the Disability Act 2006, for "section 191(1) or (1A), as the case requires," substitute "sections 191(1)(a) to (c) and 193(1A)".

(7) In section 196(9) of the Disability Act 2006— (a) in paragraph (a) omit "variation of the". (b) for paragraph (b) substitute— "(b) if the supervised treatment order is for

an NDIS participant who will be subject to the use of restrictive practices by a registered NDIS provider and the treatment plan is also to be used as the NDIS participant's NDIS behaviour support plan, any variation—

(i) does not relate to any regulated restrictive practices; and

(ii) would not result in the NDIS participant's treatment plan being unable to be implemented.".

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63 Section 196A substituted For section 196A of the Disability Act 2006 substitute—

"196A Process concerning expiry of supervised treatment order

(1) The Authorised Program Officer for the primary service provider of a person who is subject to a supervised treatment order must notify the persons specified in subsection (2) not less than 60 days before the expiry of that supervised treatment order of the following matters—

(a) the expiry date of the supervised treatment order;

(b) whether the Authorised Program Officer intends to apply under section 191(1) for another supervised treatment order to be made in respect of the person who is subject to the supervised treatment order;

(c) if the Authorised Program Officer is not eligible to apply for another supervised treatment order because the disability service provider or registered NDIS provider that appointed them will not be the primary service provider for the purposes of an application under section 191(1), whether the Authorised Program Officer considers that a supervised treatment order is necessary.

(2) The persons to be notified under subsection (1) are the following—

(a) the person who is subject to the supervised treatment order;

(b) the Public Advocate;

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registered NDIS provider specified in the treatment plan under the supervised treatment order.

(3) The Senior Practitioner may direct the Authorised Program Officer of a primary service provider to make an application under section 191(1) in respect of a person if the Senior Practitioner considers that a supervised treatment order in respect of the person continues to be required to prevent a significant risk of serious harm to another person.

(4) The Public Advocate may apply to VCAT for an order directing the Authorised Program Officer of a primary service provider to make an application under section 191(1) in respect of a person if the Public Advocate considers that a supervised treatment order in respect of the person continues to be required to prevent a significant risk of serious harm to another person.

(5) The Public Advocate must notify the Senior Practitioner of an application under subsection (4).

(6) The following persons are parties to a proceeding relating to an application under subsection (4)—

(a) the person in respect of whom the further supervised treatment order is proposed to be made;

(b) the Authorised Program Officer for the person's primary service provider.

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(7) On the application of the Senior Practitioner, VCAT must join the Senior Practitioner as a party to a proceeding relating to an application under subsection (4).

(8) If on an application under subsection (4) VCAT considers that the matters referred to in that subsection are satisfied, VCAT may make an order directing that—

(a) the Authorised Program Officer for the primary service provider make an application under section 191(1) within 28 days of the date that the order is made or before the current supervised treatment order expires (whichever is earlier); and

(b) the Public Advocate is to be a party to the application.".

64 Application for rehearing (1) In section 197(1) of the Disability Act 2006, after

"Officer" insert "for the primary service provider".

(2) After section 197(5) of the Disability Act 2006 insert—

"(6) The applicant under subsection (1) must notify the following persons of the application (unless the person to be notified is a party to the proceeding)—

(a) the Senior Practitioner; (b) the Public Advocate. (7) The following persons are parties to a

proceeding relating to an application under subsection (1)—

(a) the person who is subject to the supervised treatment order;

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(b) the Authorised Program Officer for the person's primary service provider;

(c) the Senior Practitioner, if the Senior Practitioner was a party to the proceeding for which the application for a rehearing relates;

(d) the Public Advocate, if the Public Advocate was a party to the proceeding for which the application for a rehearing relates.

(8) On the application of the Senior Practitioner, VCAT must join the Senior Practitioner as a party to a proceeding relating to an application under subsection (1).

(9) On the application of the Public Advocate, VCAT must join the Public Advocate as a party to a proceeding relating to an application under subsection (1).".

65 Senior Practitioner may make assessment order (1) In section 199(1) of the Disability Act 2006, after

"Officer" insert "for a primary service provider". (2) For section 199(2)(b) of the Disability Act 2006

substitute— "(b) the person is residing in accommodation of a

type specified in section 191(1)(b);". 66 Apprehension of person subject to a supervised

treatment order absent without approval (1) For section 201(1) of the Disability Act 2006

substitute— "(1) A person who is subject to a supervised

treatment order who is absent without approval from the accommodation that the person is required to reside in under the order may be apprehended at any time for

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the purpose of being returned to that accommodation by—

(a) a police officer; or (b) the person in charge of the disability

service provider providing disability services at the accommodation; or

(c) the person in charge of the registered NDIS provider providing daily independent living supports at the accommodation; or

(d) a person who— (i) is employed or engaged by, or

who is providing disability services or services under the NDIS at the accommodation for or on behalf of, the disability service provider or registered NDIS provider referred to in paragraph (b) or (c); and

(ii) is authorised by the person in charge of the disability service provider or registered NDIS provider to apprehend persons subject to supervised treatment orders in the course of their duties.".

(2) In section 201(2) of the Disability Act 2006— (a) for "residential service or the SDA enrolled

dwelling, as the case requires," substitute "accommodation";

(b) in paragraph (c), after "Officer" insert "for the primary service provider".

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67 Heading to Division 6 of Part 8 amended In the heading to Division 6 of Part 8 of the Disability Act 2006, for "Restrictive practices used by disability service providers" substitute "Use of restrictive practices in".

68 Purpose and application of Division (1) For section 201A(1) of the Disability Act 2006

substitute— "(1) This Division applies in respect of persons

with a disability and NDIS participants for whom a disability service provider, or the Authorised Program Officer for a disability service provider or a registered NDIS provider, has prepared, or is required to prepare, a treatment plan under this Part.".

(2) In section 201A(2) of the Disability Act 2006, for "to whom" substitute "in respect of whom".

(3) For the note at the foot of section 201A(2) of the Disability Act 2006 substitute— "Note

Part 7 contains corresponding protective provisions in relation to other persons with a disability and other NDIS participants.".

(4) For section 201A(3) of the Disability Act 2006 substitute—

"(3) Each disability service provider and registered NDIS provider using restrictive practices on a person in respect of whom this Part applies must comply with this Division.

(3A) Despite subsections (1) and (3), if one of the requirements in subsection (3B) is satisfied, a registered NDIS provider is authorised to use regulated restrictive practices on, and is not required to comply with this Division in

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relation to, an NDIS participant who is subject to a treatment plan—

(a) prepared by or on behalf of the Authorised Program Officer for a disability service provider; and

(b) that is not in accordance with the requirements of the NDIS (Restrictive Practices and Behaviour Support) Rules.

Note

Sections 134, 141, 142, 143, 144, 146 and 149 apply to the use of regulated restrictive practices on an NDIS participant described in this subsection.

(3B) The requirements referred to in subsection (3A) are—

(a) the use of the regulated restrictive practice is in accordance with section 135 and is authorised under section 136; or

(b) the use of the regulated restrictive practice is authorised under section 145.".

(5) For section 201A(4) of the Disability Act 2006 substitute—

"(4) Subject to subsection (3A), a provider that is both a disability service provider and a registered NDIS provider for a person is required to comply with this Division in relation to that person—

(a) subject to paragraph (b), either in the provider's capacity as a disability service provider or a registered NDIS provider, but not both; or

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(b) if the provider uses restrictive practices when providing NDIS services to the person, in the provider's capacity as a registered NDIS provider.

(5) A disability service provider is not required to comply with sections 201B to 201E in applying a security condition if the Secretary has approved the security condition under section 159A.".

69 Use of restrictive practices (1) For section 201B(1) of the Disability Act 2006

substitute— "(1) A disability service provider or a registered

NDIS provider must not use a restrictive practice on a person in respect of whom this Division applies unless—

(a) there is a treatment plan in force for that person; and

(b) the treatment plan includes the restrictive practice; and

(2) Section 201B(2), (3) and (4) of the Disability Act 2006 are repealed.

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70 Section 201C substituted For section 201C of the Disability Act 2006 substitute—

"201C Authorised Program Officers (1) An Authorised Program Officer for a

disability service provider must ensure that any restrictive practice used on a person in respect of whom this Division applies in the provision of a disability service for which the disability service provider is responsible is administered in accordance with—

(a) this Division; and (b) the person's treatment plan. (2) An Authorised Program Officer for a

registered NDIS provider must ensure that any restrictive practice used on an NDIS participant in respect of whom this Division applies in the provision of services under the NDIS for which the registered NDIS provider is responsible is administered in accordance with—

(a) this Division; and (b) the NDIS Act; and (c) any regulations, instruments or rules

made under the NDIS Act; and (d) the NDIS participant's treatment plan.". 71 Use of regulated restrictive practices (1) In section 201D of the Disability Act 2006— (a) for "on a person to" substitute "or a

registered NDIS provider on a person in respect of";

(b) paragraph (a)(ii) is repealed;

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of time during which the use of the regulated restrictive practice is necessary under paragraph (a); and";

(d) after paragraph (c) insert— "(ca) the treatment plan was prepared in

accordance with— (i) section 201E; and (ii) if the person to whom this

Division applies is an NDIS participant and the treatment plan is also to be used as the person's NDIS behaviour support plan, the requirements of the NDIS (Restrictive Practices and Behaviour Support) Rules; and".

(2) For the note at the foot of section 201D of the Disability Act 2006 substitute— "Note

Section 135 is a corresponding provision in relation to other persons with a disability and other NDIS participants.".

72 Reports (1) In section 201F(1) of the Disability Act 2006— (a) in paragraph (a), after "practices" insert

"by disability service providers"; (b) in paragraph (b), for "subject to any

guidelines issued under subsection (3), advise the Authorised Program Officer" substitute "advise the Authorised Program Officer for a disability service provider".

(2) Section 201F(3) of the Disability Act 2006 is repealed.

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73 Section 201FA repealed Section 201FA of the Disability Act 2006 is repealed.

74 Section 201G substituted For section 201G of the Disability Act 2006 substitute—

"201G Offence A disability service provider or a registered NDIS provider must not use a regulated restrictive practice on a person in respect of whom this Division applies except in accordance with—

(a) section 201A(3A), (4) or (5); or (b) section 201B.

Penalty: 240 penalty units. Note

Section 149 provides a corresponding offence in relation to other persons with a disability and other NDIS participants.".

75 Section 201H substituted For section 201H of the Disability Act 2006 substitute—

"201H Senior Practitioner may issue guidelines and standards and give directions

(1) The Senior Practitioner may issue guidelines and standards in relation to any of the following matters—

(a) the use of restrictive practices on persons subject to a treatment plan;

(b) the development of treatment plans and the matters to be included in treatment plans;

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(d) reporting requirements on the use of restrictive practices, including the consolidation of reports where there are multiple service providers;

(e) any prescribed matter. (2) The Senior Practitioner may give written

directions in relation to any of the following matters—

(a) any of the matters specified in subsection (1);

(b) prohibiting the use of a specified restrictive practice;

(d) regulating the use of a specified restrictive practice;

(e) regulating the use of a specified class of restrictive practice;

(f) prohibiting or regulating the use of a specified restrictive practice on a person belonging to a specified class of persons with a disability or a specified class of NDIS participants;

(g) prohibiting or regulating the use of a specified class of restrictive practices on a person belonging to a specified class of persons with a disability or a specified class of NDIS participants;

(h) requiring approval from the Senior Practitioner for the use of a specified restrictive practice;

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(i) requiring approval from the Senior Practitioner for the use of a specified class of restrictive practice;

(j) requiring approval from the Senior Practitioner for the use of a specified class of restrictive practice on a person belonging to a specified class of persons with a disability or a specified class of NDIS participants;

(k) any prescribed matter. (3) Guidelines, standards or directions under this

section may be issued or given to one or more of the following—

(a) a specified disability service provider or registered NDIS provider;

(b) disability service providers generally; (c) registered NDIS providers generally; (d) a class of disability service provider or

registered NDIS provider.". 76 Section 201I substituted

For section 201I of the Disability Act 2006 substitute—

"201I Senior Practitioner may lodge evidence regarding use of regulated restrictive practices If satisfied that it is appropriate to do so, the Senior Practitioner may lodge evidence with the NDIS Commissioner or the registered NDIS provider that the use of regulated restrictive practices on an NDIS participant is authorised under this Division.".

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77 Division 7 of Part 8 repealed Division 7 of Part 8 of the Disability Act 2006 is repealed.

78 Delegation In section 204(2) of the Disability Act 2006, for "or NDIS participants" substitute ", NDIS participants or DSOA clients".

79 Provision of staff services In section 205(1) of the Disability Act 2006, after "provider" insert "that is a contracted service provider or a funded service provider".

80 Production of identity card In section 209 of the Disability Act 2006, for "his or her" substitute "their".

81 Offence to impersonate authorised officer In section 213 of the Disability Act 2006, for "himself or herself" substitute "themselves".

82 Persons who are liable for offences In section 217(3)(a) and (b) of the Disability Act 2006, for "he or she" substitute "they".

83 Power to bring proceedings After section 218(2) of the Disability Act 2006 insert—

"(3) The Senior Practitioner may also bring proceedings for an offence under Part 6A, 7 or 8.".

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100

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

'Division 6—Transitional provisions— Disability and Social Services

Regulation Amendment Act 2023 246 Definition

In this Division— commencement day means the day on which

Division 1 of Part 2 of the Disability and Social Services Regulation Amendment Act 2023 comes into operation.

247 Authorised Program Officers If immediately before the commencement day a person was an Authorised Program Officer under an appointment or approval by the Secretary, on and from the commencement day the Senior Practitioner is taken to have approved the appointment under section 132ZJ.

248 Decisions as to disability If immediately before the commencement day, a decision under section 50 as to whether a person has a disability is in effect, on and from the commencement day that decision is taken to have been made in accordance with section 50 as substituted by the Disability and Social Services Regulation Amendment Act 2023.

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101

249 Approval of accommodation On and from the commencement day, the Senior Practitioner may approve accommodation under section 187 as substituted by the Disability and Social Services Regulation Amendment Act 2023 for a person in respect of whom a supervised treatment order, or an application for a supervised treatment order, was made before the commencement day.

250 Pending applications and requests (1) If, immediately before the commencement

day, an application for a supervised treatment order under section 191 is before VCAT, on and from the commencement day—

(a) the application is taken to be an application made in accordance with section 191 as substituted by the Disability and Social Services Regulation Amendment Act 2023; and

(b) this Act as amended by the Disability and Social Services Regulation Amendment Act 2023 applies to the determination of the application; and

(c) unless VCAT otherwise orders, the applicant is not required to provide any additional information required under section 191A(1), (2) or (3); and

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(d) the disability service provider or registered NDIS provider that appointed the Authorised Program Officer who applied for the supervised treatment order is taken to be the primary service provider for the person in respect of whom the application is made; and

(e) for the purposes of the application, a certificate given by the Senior Practitioner under section 191(3) before the commencement day—

(i) is taken to be a certificate under section 191A(1) as substituted by the Disability and Social Services Regulation Amendment Act 2023; and

(ii) is taken to relate to accommodation of a type specified in section 191(1)(b) as substituted by that Act.

(2) On and from the commencement day— (a) this Act as amended by the Disability

and Social Services Regulation Amendment Act 2023 applies to an application under section 194 that is before VCAT immediately before the commencement day; and

(b) this Act as in force immediately before the commencement day continues to apply in respect of an application under section 196A that is before VCAT immediately before the commencement day; and

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(i) a request for a decision under section 50(1) that is not determined immediately before the commencement day; and

(ii) an application for a review under section 50(7) that is not determined immediately before the commencement day; and

(d) subject to subsection (3), this Act as amended by the Disability and Social Services Regulation Amendment Act 2023 applies to an application under section 196 that is before VCAT immediately before the commencement day.

(3) Section 196(4C) and (4D) do not apply in respect of an application under section 196 that is before VCAT immediately before the commencement day.

(4) Subject to subsection (5), on and from the commencement day, this Act as amended by the Disability and Social Services Regulation Amendment Act 2023 applies to an application under section 197 that is before VCAT immediately before the commencement day if that application is for a rehearing of—

(a) an application under section 191(1); or (b) an application under section 196(1). (5) Section 197(7)(c) and (d) do not apply in

respect of an application under section 197 described in subsection (4) that is before

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VCAT immediately before the commencement day.

(6) If an application under section 197 that is before VCAT immediately before the commencement day for a rehearing of an application under section 196A(1), on and from the commencement day—

(a) this Act as in force immediately before the commencement day (other than section 196A(3) as in force immediately before that day) continues to apply in respect of the application; and

(b) section 196A(3) as in force immediately before the commencement day applies in respect of the application as if a reference to "section 191(1) or (1A)" were a reference to "sections 191(1)(a) to (c) and 193(1A) as in force on and from the day on which Division 1 of Part 2 of the Disability and Social Services Regulation Amendment Act 2023 comes into operation".

(7) On and from the commencement day, section 198(1) applies to a rehearing of an application under section 191(1) or 196(1) as if a reference to "at first instance" were a reference to "under this Act as in force on and from the commencement day" in the following circumstances—

(a) the application under section 197 for the rehearing was made before the commencement day;

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(b) the application under section 197 for the rehearing was made on or after the commencement day and the application under section 191(1) or 196(1) was made before the commencement day.

251 Supervised treatment orders (1) If a supervised treatment order is in force

immediately before the commencement day, on and from the commencement day the disability service provider or registered NDIS provider that appointed the Authorised Program Officer stated in the order as being responsible for the implementation of the order is taken to be the primary service provider for the person in respect of whom that application was made.

(2) Subject to subsection (3), on and from the commencement day, this Act as amended by the Disability and Social Services Regulation Amendment Act 2023 applies to a supervised treatment order or an interim supervised treatment order that is in force immediately before the commencement day.

(3) A supervised treatment order made in respect of a person before the commencement day continues in force until the order expires or is revoked.

252 Treatment plans (1) If immediately before the commencement

day a treatment plan is in force for a person—

(a) who is subject to a supervised treatment order; or

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(b) in respect of whom an application for a supervised treatment order has been made—

on and from the commencement day, that treatment plan is taken to be the person's treatment plan under section 189 as substituted by the Disability and Social Services Regulation Amendment Act 2023.

(2) If immediately before the commencement day a treatment plan to which an NDIS behaviour support plan is attached is in force for an NDIS participant—

(a) who is subject to a supervised treatment order; or

(b) in respect of whom an application for a supervised treatment order has been made—

on and from the commencement day the treatment plan and the NDIS behaviour support plan are together taken to be the NDIS participant's treatment plan under section 189 as substituted by the Disability and Social Services Regulation Amendment Act 2023.

253 Guidelines, directions and standards (1) On and from the commencement day, any

directions issued under section 135(6) or 186(6) before the commencement day are taken to be directions issued under section 132ZO as amended by the Disability and Social Services Regulation Amendment Act 2023.

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(2) On and from the commencement day, any guidelines or directions issued under section 132ZY, 147A or 150 before the commencement day are taken to be guidelines or directions (as the case requires) issued under section 146 as substituted by the Disability and Social Services Regulation Amendment Act 2023.

(3) On and from the commencement day, any guidelines, directions or standards issued under section 201FA, 201H or 201I before the commencement day are taken to be guidelines, directions or standards (as the case requires) issued under section 201H as substituted by the Disability and Social Services Regulation Amendment Act 2023.

254 Offences If an offence against this Act is alleged to have been committed between 2 dates, one before and one after the commencement day, the offence is alleged to have been committed before the commencement day.

255 Regulated restrictive practices (1) If immediately before the commencement

day an authorisation under section 132ZR(1) for the use of a regulated restrictive practice is in force, on and from the commencement day that authorisation is taken to be an authorisation for the use of the regulated restrictive practice under section 136 as substituted by the Disability and Social Services Regulation Amendment Act 2023.

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(2) If immediately before the commencement day a behaviour support plan is in force that includes the approved use of a regulated restrictive practice under section 145, on and from the commencement day that approval is taken to be an authorisation for the use of the regulated restrictive practice under section 136 as substituted by the Disability and Social Services Regulation Amendment Act 2023.

(3) If immediately before the commencement day an approval under section 132ZV or 145A is in force, on and from the commencement day that approval is taken to be an approval for the use of the regulated restrictive practice under section 143 as substituted by the Disability and Social Services Regulation Amendment Act 2023.

(4) Subject to subsection (5), if immediately before the commencement day a person could apply to VCAT for a review of a decision under section 132ZW or 146, on and from the commencement day—

(a) the decision to be reviewed is taken to be a decision under section 136 or 143 (as the case requires) as substituted by the Disability and Social Services Regulation Amendment Act 2023; and

(b) the person may apply for a review of that decision under section 144 as substituted by that Act.

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(5) The person must apply for a review under subsection (4) within 28 days after the day on which the person is notified of the decision.

(6) On and from the commencement day, this Act as in force immediately before the commencement day continues to apply in respect of an application under section 132ZW or 146 that is before VCAT immediately before the commencement day.

256 Behaviour support plans If immediately before the commencement day a behaviour support plan is in place under section 141, on and from the commencement day that plan is taken to be a behaviour support plan under section 138 as substituted by the Disability and Social Services Regulation Amendment Act 2023.

257 Public Advocate reports If a report is made under section 132ZS(4) or 143(2) before the commencement day, on and from the commencement day—

(a) in the case of a report made more than 28 days before the commencement day, this Act as in force immediately before the commencement day continues to apply in respect of the report; or

(b) in the case of a report made within 28 days before the commencement day, this Act as amended by the Disability and Social Services Regulation Amendment Act 2023 applies in respect of the report.

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258 Security conditions (1) This section applies if, immediately before

the commencement day, a security condition that is a restrictive practice was imposed on the residents of a residential treatment facility under section 159(1).

(2) Despite section 159A, the approval of the security condition by the Secretary is not required until 30 days after the commencement day.

259 Residential statements On and from the commencement day, this Act as in force immediately before the commencement day continues to apply in respect of a residential statement that is in effect immediately before the commencement day until the earlier of the following—

(a) the end of the period to which the residential statement relates specified under section 57(2)(a);

(b) the day that is 12 months after the commencement day.

260 Regulations dealing with transitional matters

(1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the Disability and Social Services Regulation Amendment Act 2023.

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(2) Regulations made under this section may— (a) have a retrospective effect to a day on

or from the date that the Disability and Social Services Regulation Amendment Act 2023 receives the Royal Assent; and

(b) differ according to difference in time, place or circumstance; and

by a specified person or class of person; and

(e) provide for the exemption of persons or matters or a class of persons or matters from any of the regulations made under this section.

(3) Regulations made under this section have effect despite anything to the contrary in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006) or in any subordinate instrument.

(4) This section is repealed on the second anniversary of the day on which it comes into operation.'.

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Division 2—Further amendment of Disability Act 2006

Subdivision 1—Residential tenancies 85 Definitions (1) In section 3(1) of the Disability Act 2006— (a) insert the following definition—

"SDA dwelling has the same meaning as in section 498BA of the Residential Tenancies Act 1997;";

(b) for the definition of SDA provider substitute— "SDA provider has the same meaning as in

the Residential Tenancies Act 1997;"; (c) in the definition of SDA residency

agreement, for "SDA enrolled dwelling;" substitute "SDA dwelling;";

(d) for the definition of SDA resident substitute— "SDA resident has the same meaning as in

the Residential Tenancies Act 1997;"; (e) in the definition of short-term

accommodation and assistance dwelling omit "and assistance".

(2) In section 3(1) of the Disability Act 2006, the definitions of group home, NDIS dwelling, notice of intention to vacate, notice of temporary relocation, notice to vacate, SDA recipient and Supported Independent Living provider are repealed.

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86 Special powers of the Senior Practitioner In section 27(2)(ab) of the Disability Act 2006, for "NDIS dwelling" substitute "SDA dwelling, a short-term accommodation dwelling".

87 Functions of a community visitor in respect of NDIS dwellings

(1) In the heading to section 30A of the Disability Act 2006, for "NDIS dwellings" substitute "SDA dwellings or short-term accommodation dwellings".

(2) In section 30A(1) of the Disability Act 2006— (a) for "SDA enrolled dwelling"

(wherever occurring) substitute "SDA dwelling";

(b) in paragraphs (c), (d) and (g), after "made under the NDIS Act" insert "in relation to NDIS participants and DSOA clients".

(3) In section 30A(2) of the Disability Act 2006, for "short-term accommodation and assistance dwelling" (wherever occurring) substitute "short-term accommodation dwelling".

(4) In section 30A(3) and (4) of the Disability Act 2006, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

88 Reports by community visitors In section 34(1) of the Disability Act 2006, for "or NDIS dwellings" substitute ", SDA dwellings or short-term accommodation dwellings".

89 Purpose and application of Part In section 56 of the Disability Act 2006, for "SDA enrolled dwellings" (where twice occurring) substitute "SDA dwellings".

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90 Division 2 of Part 5 repealed Division 2 of Part 5 of the Disability Act 2006 is repealed.

91 Visiting of residential service or NDIS dwelling (1) In the heading to section 129 of the Disability

Act 2006, for "NDIS dwelling" substitute "SDA dwelling, short-term accommodation dwelling".

(2) In section 129 of the Disability Act 2006, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

(3) In section 129(1B) and (5) of the Disability Act 2006, for "short-term accommodation and assistance dwelling" substitute "short-term accommodation dwelling".

92 Powers of inspection (1) In section 130(2)(a) of the Disability Act 2006,

for "SDA enrolled dwelling" substitute "SDA dwelling".

(2) In section 130(2)(b) of the Disability Act 2006, for "short-term accommodation and assistance dwelling" substitute "short-term accommodation dwelling".

(3) In section 130(3)(d) of the Disability Act 2006, for "NDIS dwelling" substitute "SDA dwelling or short-term accommodation dwelling".

93 Request to see a community visitor—NDIS residents in NDIS dwelling

(1) In the heading to section 131A of the Disability Act 2006, for "NDIS residents in NDIS dwelling" substitute "NDIS participants, DSOA clients or SDA residents in SDA dwelling or short-term accommodation dwelling".

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(2) In section 131A(1) of the Disability Act 2006, for "NDIS resident" (wherever occurring) substitute "NDIS participant, DSOA client or SDA resident".

(3) In section 131A(2) of the Disability Act 2006— (a) for "NDIS resident" (where twice occurring)

substitute "NDIS participant, DSOA client or SDA resident";

(b) for "SDA enrolled dwelling" substitute "SDA dwelling";

(4) In section 131A(7) of the Disability Act 2006— (a) in the definition of dwelling or support

provider, for "NDIS resident" substitute "NDIS participant, DSOA client or SDA resident";

(b) in paragraph (a) of the definition of dwelling or support provider—

(i) for "SDA enrolled dwelling" substitute "SDA dwelling";

(ii) in subparagraph (ii), for "a Supported Independent Living provider" substitute "the provider who provides daily independent living supports at the SDA dwelling";

(i) for "short-term accommodation and assistance dwelling" substitute "short-term accommodation dwelling";

(ii) for "provider;" substitute "provider.";

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(d) the definition of NDIS resident is repealed. 94 Record of visits (1) In section 132(2) of the Disability Act 2006, for

"SDA enrolled dwelling or a short-term accommodation and assistance dwelling" substitute "SDA dwelling or a short-term accommodation dwelling".

(2) In section 132(3) of the Disability Act 2006— (a) in the definition of dwelling or support

provider, for "NDIS resident" substitute "NDIS participant, DSOA client or SDA resident";

(b) in paragraph (a) of the definition of dwelling or support provider—

(i) for "SDA enrolled dwelling" substitute "SDA dwelling";

(ii) in subparagraph (ii), for "a Supported Independent Living provider" substitute "the provider who provides daily independent living supports at the SDA dwelling";

(i) for "short-term accommodation and assistance dwelling" substitute "short-term accommodation dwelling";

(ii) for "provider;" substitute "provider."; (d) the definition of NDIS resident is repealed. 95 Application for supervised treatment order

In section 191(1)(b)(ii) of the Disability Act 2006, for "SDA enrolled dwelling" substitute "SDA dwelling".

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96 Regulations In section 221(1)(fc) of the Disability Act 2006, for "SDA enrolled dwellings;" substitute "SDA dwellings;".

97 New Division 7 of Part 10 inserted After Division 6 of Part 10 of the Disability Act 2006 insert—

"Division 7—Transitional provisions— Disability and Social Services

Regulation Amendment Act 2023— Residential tenancies

264 Definition In this Division— commencement day means the day on which

Division 2 of Part 2 of the Disability and Social Services Regulation Amendment Act 2023 comes into operation.

265 Supervised treatment orders and interim supervised treatment orders

(1) This section applies to a person if, immediately before the commencement day—

(a) the person is subject to a supervised treatment order or an interim supervised treatment order; and

(b) the person resides in a residential service that is a group home or an SDA enrolled dwelling.

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(2) On and from the commencement day— (a) the supervised treatment order or

interim supervised treatment order is taken to comply with section 193(3)(b); and

(b) the disability service provider or registered NDIS provider that appointed the Authorised Program Officer who is specified in the order or, in the case of an interim supervised treatment order, who applied for the order is taken to be the primary service provider for the person subject to the order.

266 Pending applications (1) This section applies if, immediately before

the commencement day— (a) an application for a supervised

treatment order or an interim supervised treatment order is before VCAT; and

(b) the person in respect of whom the application is made resides in a residential service that is a group home or an SDA enrolled dwelling.

(2) On and from the commencement day— (a) the application is taken to be an

application made in accordance with section 191; and

(b) the disability service provider or registered NDIS provider that appointed the Authorised Program Officer who applied for the order is taken to be the primary service provider

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for the person in respect of whom the application is made.

(3) On and from the commencement day, for the purposes of the application, a certificate given by the Senior Practitioner under section 191(3) as in force immediately before the day on which Division 1 of Part 2 of the Disability and Social Services Regulation Amendment Act 2023 comes into operation—

(a) is taken to be a certificate under section 191A(1); and

(b) is taken to relate to accommodation of a type specified in section 191(1)(b).

267 Assessment orders (1) This section applies if, immediately before

the commencement day, an assessment order is in force in respect of a person who resides in a residential service that is a group home or an SDA enrolled dwelling.

(2) On and from the commencement day— (a) the assessment order is taken to enable

the person in respect of whom the order is made to be detained in an SDA dwelling to enable a treatment plan to be prepared for that person; and

(b) the disability service provider or registered NDIS provider that appointed the Authorised Program Officer who applied for the assessment order is taken to be the primary service provider for the person in respect of whom the order is made.

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(3) An assessment order made in respect of a person before the commencement day continues in force until the order expires or is revoked.

268 Savings provisions—Division 2 of Part 5 (1) Despite the repeal of Division 2 of Part 5 by

the Disability and Social Services Regulation Amendment Act 2023, that Division as in force immediately before that repeal continues to apply to a notice, possession order or warrant of possession specified in subsection (2) that was given or obtained before the commencement day.

(2) For the purposes of subsection (1), the following are specified—

(a) a notice of increase given under section 66;

(b) a notice of temporary relocation given under section 74;

(d) a notice of intention to vacate given under section 80;

(e) a notice of withdrawal given under section 81;

(f) a possession order made under section 84;

(g) a warrant of possession issued under section 85.".

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Subdivision 2—Secretary's powers and functions 98 Role and functions of the Secretary

In section 8(2) of the Disability Act 2006— (a) in paragraphs (c) and (d), after "services"

insert "provided by the Secretary, contracted service providers and funded service providers";

(b) in paragraph (e), after "services" insert "provided by the Secretary, contracted service providers and funded service providers";

(c) in paragraphs (f) and (g), after "services" insert "provided by the Secretary, contracted service providers and funded service providers".

99 Power of Secretary to give directions In section 99(1) of the Disability Act 2006, after "provider" insert "that is a contracted service provider or a funded service provider".

100 Further powers of Secretary In section 100(1) of the Disability Act 2006, after "provider" insert "that is a contracted service provider or a funded service provider".

101 Special powers of Secretary In section 206(1), (2), (3), (4) and (5) of the Disability Act 2006, after "provider" insert "that is a contracted service provider or a funded service provider".

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102 Powers of authorised officers (1) Before section 210(1) of the Disability Act 2006

insert— "(1AA) This section applies in respect of a disability

service provider that is a contracted service provider or a funded service provider.".

(2) In section 210(1) of the Disability Act 2006, for "he or she" substitute "the authorised officer".

Subdivision 3—Information sharing 103 Information systems and disclosure, use and

transfer of information (1) In the heading to section 39 of the Disability

Act 2006 omit "and disclosure, use and transfer of information".

(2) Section 39(2), (3), (3A), (4), (5), (6), (7), (8) and (9) of the Disability Act 2006 are repealed.

104 Section 39A repealed Section 39A of the Disability Act 2006 is repealed.

105 New Part 8A inserted After Part 8 of the Disability Act 2006 insert—

"Part 8A—Use and disclosure of information

202AA Definitions In this Part— protected information means information

that is gained by or given to a relevant person in their official capacity and identifies, or is likely to lead to the identification of, a person to whom the

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information relates and is either obtained—

(a) during the course of providing disability services to the person; or

(b) by a relevant person using restrictive practices or implementing supervised treatment on the person;

relevant person means any of the following—

(a) a person who is or has been appointed to any office under this Act or employed or engaged under this Act;

(b) a disability service provider; (c) a former disability service

provider; (d) a person who is, or has been,

employed or engaged by a disability service provider or former disability service provider;

(e) a person who otherwise provides, or has provided, services under this Act;

(f) a person who is or has been a member of staff of the public service for the purposes of this Act;

(g) the Senior Practitioner; (h) a registered NDIS provider that

uses restrictive practices or implements supervised treatment orders;

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(i) a former NDIS provider that used restrictive practices or implemented supervised treatment orders;

(j) a person who is, or has been, employed or engaged by a registered NDIS provider specified in paragraph (h);

(k) a person who is, or has been, employed or engaged by a former NDIS provider specified in paragraph (i).

202AB Disclosure, use or transfer of protected information

(1) A relevant person must not disclose, use or transfer protected information disclosed to the relevant person unless the disclosure, use or transfer is—

(a) made in the performance of a function or exercise of a power under this Act or any other Act including any Commonwealth Act; or

(b) required or permitted by or under this Act or any other Act including any Commonwealth Act.

Penalty: 20 penalty units. (2) A relevant person may disclose protected

information to the following— (a) the Secretary to the department for

which the Minister administering the Financial Framework (Supplementary Powers) Act 1997 of the Commonwealth is responsible;

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(b) the Secretary to the department for which the Minister administering the Commonwealth Disability Support for Older Australians program or a prescribed program is responsible;

(c) the Secretary for the purposes of enabling the Secretary to perform the functions conferred, and meet the obligations imposed, on the Secretary under this Act or any other Act including any Commonwealth Act;

(d) a supportive attorney under a supportive attorney appointment, within the meaning of the Powers of Attorney Act 2014, to the extent that is necessary to enable the supportive attorney to carry out the role of supportive attorney;

(e) a medical treatment decision maker within the meaning of the Medical Treatment Planning and Decisions Act 2016, to the extent that is necessary to enable the medical treatment decision maker to make medical treatment decisions on behalf of the person to whom the information relates;

(f) a support person within the meaning of the Medical Treatment Planning and Decisions Act 2016, to the extent that is necessary to enable the support person to carry out the functions of a support person under that Act;

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(g) a supportive administrator acting under a supportive administration order within the meaning of the Guardianship and Administration Act 2019;

(h) a supportive guardian acting under a supportive guardianship order within the meaning of the Guardianship and Administration Act 2019;

(i) an emergency service provider if the disclosure is reasonably required for the emergency service provider to carry out a function under any Act in relation to the person to whom the information relates;

(j) another relevant person, if the disclosure is reasonably required in connection with the provision by that person or body of services under this Act or the NDIS Act to the person to whom the information relates including for the purposes of—

(i) assessing, developing or implementing a treatment plan, behaviour support plan or NDIS behaviour support plan; or

(ii) implementing, monitoring and supervising a supervised treatment order;

(k) any person or body (including a family member or carer of the person to whom the information relates), to the extent that is necessary in connection with the provision of care, treatment or support to the person to whom the information relates if the person is unable to consent

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to the disclosure and without the disclosure the person may, in the opinion of the discloser, suffer detriment.

(3) A relevant person may disclose protected information—

(a) to the extent that is reasonably required in connection with the performance of a duty or the exercise of a power or function under this Act or any other Act including—

(i) for the purposes of developing or maintaining and improving the information systems required to be maintained under section 39; or

(ii) for the purposes of planning, managing, monitoring, evaluating and improving the provision of disability services, the use of restrictive practices and implementing, monitoring and supervising supervised treatment orders and which is of a statistical nature; or

(b) with the consent of the person to whom the information relates or of that person's guardian or of that person's next-of-kin if that person is dead; or

(d) if the disclosure is authorised or required by any other Act or law; or

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(e) if the disclosure is reasonably necessary to lessen or prevent—

(i) a serious threat to a person's life, health, safety or wellbeing; or

(ii) a serious threat to public health, public safety or public wellbeing.

(4) If it is reasonably necessary for a purpose specified in subsection (5), a relevant person may disclose protected information to the following persons or bodies—

(a) the Senior Practitioner; (b) the Commission for Children and

Young People; (c) the Public Advocate; (d) the Transport Accident Commission

within the meaning of the Transport Accident Act 1986;

(e) the Victorian WorkCover Authority; (f) the Disability Worker Registration

Board; (g) the Victorian Disability Worker

Commission; (h) the Victorian Disability Worker

Commissioner; (i) an NDIS worker screening unit within

the meaning of the Worker Screening Act 2020;

(j) the NDIA; (k) the NDIS Quality and Safeguards

Commission;

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(l) the Secretary within the meaning of the Worker Screening Act 2020, for the purposes of performing functions in relation to screening checks under that Act;

(m) the Disability Services Commissioner; (n) Victoria Police; (o) the Chief Commissioner of Police

within the meaning of the Victoria Police Act 2013;

(p) a coroner within the meaning of the Coroners Act 2008;

(q) the Ombudsman; (r) the IBAC; (s) a prescribed person or body. (5) For the purposes of subsection (4), the

following purposes are specified— (a) the performance of a function or the

exercise of a power under this Act, the Social Services Regulation Act 2021 or the NDIS Act by a relevant person;

(b) the performance of a function or the exercise of a power under this or any other Act by a person or body set out in subsection (4).

(6) In this section— emergency service provider means—

(a) Ambulance Service—Victoria within the meaning of the Ambulance Services Act 1986; and

(b) a prescribed entity or prescribed class of entity.

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202AC Use, transfer or disclosure of information relating to disability services or disability service providers

(1) Despite anything to the contrary in section 202AB(1), any person or body is authorised, for any purpose for or with respect to the NDIS or its implementation, to use the following information or to transfer or disclose that information to the NDIA, the NDIS Quality and Safeguards Commission, an NDIS provider or any prescribed person or body or any person or body of a prescribed class of person or body—

(a) information about— (i) disability services, regulated

disability services or any prescribed services;

(ii) services provided by persons or bodies that are former disability service providers, former regulated service providers or providers that have ceased providing prescribed services;

(b) information about the provision of disability services or regulated disability services, including information about the services any person requires, the carer of a person or any support structure of a person;

(c) information about any persons who are or were employed or engaged for the purpose of providing disability services or regulated disability services or services under the NDIS;

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(d) information about persons who received or are receiving disability services, regulated disability services or services under an NDIS plan;

(e) information about current and former disability service providers, regulated service providers or NDIS providers;

(f) information about compliance by current and former disability service providers with the relevant standards determined by the Minister under section 97;

(g) information about incidents reported to the Secretary arising from the provision of disability services or regulated disability services;

(h) information about complaints relating to disability services or regulated disability services;

(i) information about the use of restrictive practices or compulsory treatment.

(2) A person or body to whom information is disclosed under subsection (1) is authorised to use or transfer that information for any purpose for or with respect to the NDIS or the implementation of the NDIS.

(3) A person or body to whom information is disclosed under subsection (1) must not use, disclose or transfer that information unless—

(a) the person or body does so for the purpose for which the information has been disclosed to the person or body; or

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(b) the person or body is authorised by or under an Act or other law to do so.

Penalty: 20 penalty units. 202AD Disclosure of information about worker

screening (1) The Secretary is authorised to transfer or

disclose any information about worker screening to the following in relation to a person who provided, provides, or seeks to provide, disability services or services in accordance with an NDIS plan—

(a) the NDIS Quality and Safeguards Commission;

(b) the Disability Worker Registration Board;

(d) the Victorian Disability Worker Commissioner;

(e) the Secretary within the meaning of the Worker Screening Act 2020, for the purposes of performing functions in relation to screening checks under that Act;

(f) an NDIS worker screening unit within the meaning of the Worker Screening Act 2020;

(g) the relevant disability service provider; (h) the relevant registered NDIS provider.

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(2) The Secretary may transfer or disclose information about worker screening to an entity referred to in subsection (1) at the Secretary's own initiative or on request of the entity.

(3) For the purposes of this section— information about worker screening means

one or more of the following— (a) whether or not the person is the

subject of a prohibition order in relation to health services or disability services or other services involving the care of children that is made under another Act;

(b) whether or not the Secretary has information relating to the person's suitability to provide disability services to persons with a disability or services under the NDIS to NDIS participants or DSOA clients and, if so, that information which includes but is not limited to the following—

(i) whether or not a person has been assessed as posing an unacceptable risk to persons with a disability, NDIS participants or DSOA clients;

(ii) whether or not a notification or complaint has been made about the person that is relevant to the person's suitability to provide disability services to persons

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with a disability or services under the NDIS to NDIS participants or DSOA clients;

(iii) details of any notification or complaint or investigation made into a notification or complaint referred to in subparagraph (ii);

(iv) whether or not the person has been screened in relation to the person's suitability to provide disability services to persons with a disability or services under the NDIS to NDIS participants or DSOA clients.

202AE Application of Part (1) Sections 202AB, 202AC and 202AD have

effect despite any other Act or law, other than the Charter of Human Rights and Responsibilities Act 2006.

(2) To avoid doubt, this Part does not affect a relevant person's obligations in relation to the disclosure, use and transfer of information under the NDIS Act.".

106 Regulations After section 221(1)(fc) of the Disability Act 2006 insert—

"(fd) prescribing persons and bodies to which protected information may be disclosed under section 202AB(4) or 202AC(1), including persons or bodies established, or performing functions or exercising powers,

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under the law of another State, a Territory or the Commonwealth;".

107 New section 261 inserted After section 260 of the Disability Act 2006 insert—

"261 Disability and Social Services Regulation Amendment Act 2023—use and disclosure of information On and from the day Subdivision 3 of Division 2 of Part 2 of the Disability and Social Services Regulation Amendment Act 2023 comes into operation, Part 8A applies to any protected information collected before that day that is disclosed, used or transferred after that day.".

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Part 3—Further amendment of Disability Act 2006

108 Definitions In section 3(1) of the Disability Act 2006 insert the following definition— "forensic disability service provider means a

disability service provider that is prescribed to operate a residential treatment facility;".

109 Disability service provider must provide information

For section 89(3) of the Disability Act 2006 substitute—

"(3) If a person using disability services is a resident in a residential service, a disability service provider is not required to provide information under this section if the information required by this section is included—

(a) in the residential statement required under section 57; or

(b) in the information provided to the person under section 152A.".

110 Proclamation of residential treatment facility (1) In section 151(1)(a) and (b) of the Disability

Act 2006, after "Secretary" insert "or a forensic disability service provider".

(2) At the foot of section 151(1) of the Disability Act 2006 insert— "Note

Residential treatment facilities are no longer classified as short-term residential treatment facilities or long-term residential treatment facilities—see section 262.".

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(3) Section 151(2) of the Disability Act 2006 is repealed.

(4) In section 151(4) of the Disability Act 2006— (a) after "(5)" insert "and section 152B"; (b) for "a short-term residential treatment

facility" substitute "one or more residential treatment facilities".

(5) In section 151(5) of the Disability Act 2006 omit "short-term".

(6) Section 151(6) of the Disability Act 2006 is repealed.

(7) In section 151(7) of the Disability Act 2006, for "by the Secretary through the Department." substitute— "by—

(a) the Secretary through the Department; or (b) a forensic disability service provider.". (8) In section 151(8) of the Disability Act 2006, for

"in respect of each residential treatment facility" substitute "under Part 6A in respect of each residential treatment facility operated by the Secretary".

(9) After section 151(8) of the Disability Act 2006 insert—

"(9) A forensic disability service provider must appoint an Authorised Program Officer under Part 6A in respect of each residential treatment facility operated by the forensic disability service provider.".

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111 Admission to a residential treatment facility (1) In section 152(1) of the Disability Act 2006— (a) in paragraph (d), after "that person" insert

"having regard to the person's willingness to engage in and benefit from the treatment";

(b) for paragraph (e) substitute— "(e) the person is able to engage in the

therapeutic environment at the residential treatment facility; and";

residential treatment facility is appropriate having regard to—

(i) the level of vulnerability of the person; and

(ii) any risks the person presents to other residents of the residential treatment facility; and

(iii) the compatibility of the person with other residents of the residential treatment facility.".

(2) After section 152(1) of the Disability Act 2006 insert—

"(1A) For the purpose of making a decision under this section, the Secretary must arrange for the person to undergo an assessment.

(1B) A person must not be admitted to a residential treatment facility unless—

(a) the Secretary has consulted and considered any advice of the Senior Practitioner about the suitability of the treatment to be provided to the person at the residential treatment facility; and

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(b) an order specified in subsection (2) applies to the person enabling compulsory treatment to be provided.".

(3) In section 152(2) of the Disability Act 2006— (a) for "subsection (1)(f)" substitute

"subsection (1B)(b)"; (b) paragraph (e) is repealed. (4) In section 152(3) of the Disability Act 2006— (a) omit ", (2)(e)"; (b) in paragraph (b), for "(1)(e)" substitute

"(1)(f)"; (c) in paragraph (c), for "circumstances."

substitute "circumstances; and"; (d) after paragraph (c) insert— "(d) the Senior Practitioner has been

consulted in relation to the proposed admission.".

(5) Section 152(4)(ab) of the Disability Act 2006 is repealed.

(6) After section 152(4) of the Disability Act 2006 insert—

"(5) Subject to subsections (6) and (7), if the Authorised Program Officer notifies the Secretary, or the Secretary otherwise becomes aware, that the matters in subsection (1) or an order specified in subsection (2) may no longer apply to a person residing at a residential treatment facility, the Secretary must not allow the person to continue to reside at a residential treatment facility unless the Secretary is satisfied—

(a) of the matters in subsection (1); and

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(b) that an order specified in subsection (2) continues to apply to the person.

(6) The Secretary may allow a person who is subject to an order specified in subsection (2) to continue to reside at a residential treatment facility for up to 3 months after the Secretary ceases to be satisfied of a matter in subsection (1).

(7) The Secretary, after consulting and considering any advice of the Senior Practitioner, may allow a person who is subject to an order specified in subsection (2)(c) requiring the person to be detained at a residential treatment facility to reside at that facility until the order is varied or revoked.

(8) The Secretary must notify the person, body or court that made the order specified in subsection (2) in relation to the person if the Secretary allows the person to continue to reside at a residential treatment facility under subsection (6).

(9) In this section— admission, in relation to a residential

treatment facility, includes— (a) the readmission of a person to a

residential treatment facility if an existing or a new order specified in subsection (2) applies to the person enabling compulsory treatment to be provided; and

(b) any period during which the Secretary extends the person's admission to a residential treatment facility under section 152B—

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but does not include a period during which the Secretary allows the person to continue to reside in the residential treatment facility under subsection (6) or (7).".

112 New section 152A inserted After section 152 of the Disability Act 2006 insert—

"152A Information to be provided to resident (1) The Secretary or forensic disability service

provider (as the case requires), at the time a person is being admitted to the residential treatment facility, must provide the person with relevant written information about the services to be provided to the person.

(2) For the purposes of subsection (1), relevant information includes—

(a) the disability services being provided to the person and any associated costs; and

(b) the conditions of an order specified in section 152(2) or a direction requiring the person to reside at the residential treatment facility; and

(d) the procedures for making a complaint to the disability service provider and to the Disability Services Commissioner; and

(e) the rights, entitlements and obligations of the person under this Act; and

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(f) the person's right to see a community visitor; and

(g) that the person may seek the support of an advocate to address concerns with any order or direction requiring the person to reside at the residential treatment facility, and may request the assistance of the Secretary or the forensic disability service provider (as the case requires) to contact the advocate; and

(h) the person's treatment plan; and (i) the person's right to a review of the

person's treatment plan, including the annual review of the treatment plan by VCAT; and

(j) information about applications for leave under this Act or any other Act; and

(k) that the person may be apprehended under section 160 if the person is absent from the facility without leave of absence or special leave of absence; and

(l) any information which the Secretary or the Senior Practitioner requires to be provided; and

(m) any other relevant information. (3) The Secretary or forensic disability service

provider (as the case requires) must provide the person with details of any material update to the relevant written information described in subsection (2)(c) and (h).

(4) The Secretary or forensic service provider (as the case requires) must explain any information or details provided to the person

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under this section in accordance with section 7.".

113 New section 152B inserted Before section 153 of the Disability Act 2006 insert—

"152B Secretary may extend admission to residential treatment facility

(1) The Secretary may extend a person's admission to a residential treatment facility for further periods not exceeding 12 months at a time if satisfied that—

(a) the person continues to meet the admission criteria under section 152; and

(b) the person would benefit from further treatment at the residential treatment facility; and

(d) the further treatment is likely to result in a reduction to any risk of violence the person presents to another person.

(2) For the purpose of making a decision under this section, the Secretary must arrange for the person to undergo an assessment.

(3) The Secretary must not extend a person's admission to a residential treatment facility under this section unless—

(a) the Secretary has consulted the Senior Practitioner in relation to the proposed admission; and

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(b) if the Senior Practitioner has provided advice to the Secretary about whether the treatment provided at the residential treatment facility continues to be suitable for the person, the Secretary has considered that advice.

(4) The Secretary, in considering whether to extend a person's admission to a residential treatment facility under this section, may have regard to operational demands.

(5) An extension under subsection (1) must not exceed the period of the order specified in section 152(2) or any period specified in a direction given under that order.".

114 Authorised Program Officer must prepare treatment plan

(1) In section 153(1) of the Disability Act 2006 omit ", 152(2)(d), 152(2)(e)".

(2) After section 153(3)(a) of the Disability Act 2006 insert—

"(aab) explain the treatment plan to the person with a disability in accordance with section 7; and".

115 Annual review of treatment plan In section 154(1) and (5) of the Disability Act 2006 omit ", 152(2)(e)".

116 Application for review of treatment plan In section 155(5) of the Disability Act 2006 omit ", 152(2)(e)".

117 Leave of absence (1) In section 156(1) of the Disability Act 2006 omit

", 152(2)(e)".

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(2) After section 156(4) of the Disability Act 2006 insert—

"(4A) If the residential treatment facility is operated by a forensic disability service provider, the Authorised Program Officer must obtain the approval of the Secretary before allowing a resident leave of absence, extending the period of leave of absence or revoking a leave of absence under this section.

(4B) The Secretary may, on the application of the resident, review a decision of the Authorised Program Officer under this section to—

(a) refuse to grant a leave of absence; or (b) refuse to extend a leave of absence; or (c) revoke a leave of absence.". 118 Special leave (1) In section 157(1) of the Disability Act 2006 omit

", 152(2)(e)". (2) In section 157(2) of the Disability Act 2006, for

"The" substitute "Subject to subsection (2A), the".

(3) After section 157(2) of the Disability Act 2006 insert—

"(2A) If the residential treatment facility is operated by a forensic disability service provider, the Authorised Program Officer must obtain the approval of the Secretary before granting an application for special leave of absence under this section.".

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(4) After section 157(3) of the Disability Act 2006 insert—

"(3A) The Secretary may, on the application of the resident, review a decision of the Authorised Program Officer under this section to refuse to grant an application for special leave of absence.

(3B) The resident may apply to VCAT for a review of—

(a) a refusal by the Secretary under subsection (2A) to approve a decision of the Authorised Program Officer to grant an application for special leave of absence; or

(b) a decision of the Secretary under subsection (3A) to affirm a decision of the Authorised Program Officer to refuse to grant an application for special leave of absence.".

(5) In section 157(4) of the Disability Act 2006, after "subsection (3)" insert "or (3B)".

119 Suspension of leave of absence or special leave (1) In section 158(1) of the Disability Act 2006, for

"Leave" substitute "Subject to subsection (3A), leave".

(2) In section 158(3) of the Disability Act 2006, for "If" substitute "Subject to subsection (3A), if".

(3) After section 158(3) of the Disability Act 2006 insert—

"(3A) If the residential treatment facility is operated by a forensic disability service provider, the Authorised Program Officer must obtain the approval of the Secretary before suspending, or lifting the suspension

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of, a leave of absence or special leave of absence under this section.".

120 Security conditions For section 159(3) of the Disability Act 2006 substitute—

"(3) A resident detained in a residential treatment facility is in the custody of the Secretary until the order under which the resident is detained ceases or is terminated, unless the order or an enactment otherwise provides.".

121 Apprehension of resident absent without leave For section 160(b) of the Disability Act 2006 substitute—

"(b) the person in charge of the residential treatment facility; or

(d) a person of a prescribed class who is authorised by the Secretary—".

122 Extended leave (1) For section 162(3)(b) of the Disability Act 2006

substitute— "(b) with the approval of the Secretary, by the

Authorised Program Officer.". (2) For section 162(4) of the Disability Act 2006

substitute— "(4) An application under subsection (3) must

include a leave plan prepared by the Authorised Program Officer.".

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123 Appeals regarding extended leave In section 163(2) of the Disability Act 2006—

(a) for "The Secretary" substitute "The Authorised Program Officer, with the approval of the Secretary,";

(b) for "he or she" substitute "the Authorised Program Officer".

124 Suspension and revocation of extended leave (1) In section 164(1) of the Disability Act 2006, for

"Secretary if the Secretary" substitute "Authorised Program Officer, with the approval of the Secretary, if the Authorised Program Officer".

(2) In section 164(2) of the Disability Act 2006, for "Secretary" substitute "Authorised Program Officer".

(3) For section 164(5) of the Disability Act 2006 substitute—

"(5) If the Authorised Program Officer is satisfied that the reason for the suspension no longer exists and the Secretary approves lifting the suspension, the Authorised Program Officer must lift the suspension immediately.".

125 Appeals regarding revocation of extended leave In section 165(2) of the Disability Act 2006—

(a) for "Secretary may" substitute "Authorised Program Officer, with the approval of the Secretary, may";

(b) for "Secretary considers" substitute "Authorised Program Officer considers".

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126 Preparation of treatment plan (1) In section 167(2) of the Disability Act 2006— (a) for "Authorised Program Officer" substitute

"Secretary"; (b) after paragraph (a) insert— "(aab) explain the treatment plan to the person

with a disability in accordance with section 7; and".

(2) In section 167(3) of the Disability Act 2006, for "An Authorised" substitute "The Authorised".

127 Annual review of security order and treatment plan In section 168(1) and (3)(c) of the Disability Act 2006, for "Authorised Program Officer" substitute "Secretary".

128 Application for review of treatment plan In section 169(1) and (3)(c) of the Disability Act 2006, for "Authorised Program Officer" substitute "Secretary".

129 Death of security resident In section 176 of the Disability Act 2006, for "advise the Secretary to the Department of Justice and Community Safety as to the circumstances in which the death occurred." substitute— "advise the following persons of the circumstances in which the death occurred—

(a) the Secretary to the Department of Justice and Community Safety;

(b) if the residential treatment facility is operated by a forensic disability service provider, the Secretary.".

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130 Regulations After section 221(1)(fd) of the Disability Act 2006 insert—

"(fe) prescribing a disability service provider to be a forensic disability service provider;

(ff) prescribing classes of persons who may apprehend a resident who is absent from a residential treatment facility without leave;".

131 New sections 262 and 263 inserted After section 261 of the Disability Act 2006 insert—

"262 Residential treatment facilities (1) If immediately before the day on which

Part 3 of the Disability and Social Services Regulation Amendment Act 2023 comes into operation a residential treatment facility is classified as a short-term residential treatment facility or a long-term residential treatment facility, on and from that day the facility is taken to be a residential treatment facility without further classification.

(2) The facility operated by the Secretary immediately before the day on which Part 3 of the Disability and Social Services Regulation Amendment Act 2023 comes into operation known as the Intensive Residential Treatment Program of the Statewide Forensic Service is taken, on and from that day, to be a residential treatment facility without further classification.

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263 Secretary must assess existing long-term residents in residential treatment facilities

(1) If a person has been admitted to a residential treatment facility for a period of 5 or more years as at the day on which Part 3 of the Disability and Social Services Regulation Amendment Act 2023 comes into operation, the Secretary, within 12 months of that day, must assess the person's circumstances to determine whether the person continues to meet the criteria under section 152(1) (as amended by Part 3 of the Disability and Social Services Regulation Amendment Act 2023 ) for admission to the facility.

(2) If the Secretary determines under subsection (1) that the person does not meet the relevant criteria, the Secretary may, if the person is subject to an order specified in section 152(2), allow the person to continue to reside at the residential treatment facility—

(a) for a period of up to 6 months from the day of the determination; or

(b) if the person is subject to a custodial supervision order made under section 26 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 requiring the person to be detained at the facility, until the order is varied.

(3) If the Secretary allows the person to continue to reside at the residential treatment facility under subsection (2), the Secretary must notify the person, body or court who made the order requiring the person to reside at the facility of that matter.".

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Part 4—Amendment of Disability Service Safeguards Act 2018 and Residential

Tenancies Act 1997

Division 1—Amendment of Disability Service Safeguards Act 2018

132 Application for registration (1) For section 151(3)(c) of the Disability Service

Safeguards Act 2018 substitute— "(c) to disclose— (i) the applicant's criminal history; or (ii) if the applicant has a current NDIS

clearance, the status and details of the applicant's NDIS clearance; and".

(2) For section 151(3)(d) of the Disability Service Safeguards Act 2018 substitute—

"(d) to authorise the Board to obtain— (i) the applicant's criminal history; or (ii) if the applicant has a current NDIS

clearance, the status and details of the applicant's NDIS clearance.".

133 Section 152 substituted For section 152 of the Disability Service Safeguards Act 2018 substitute—

"152 Board must check applicant's criminal history or NDIS clearance Before deciding about an application for registration, the Board must—

(a) check the applicant's criminal history in accordance with section 256; or

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(b) if the applicant holds a current NDIS clearance, confirm the status and details of the applicant's NDIS clearance.".

134 Unsuitability to hold general registration For section 156(b) of the Disability Service Safeguards Act 2018 substitute—

"(b) having regard to one of the following, the individual is not an appropriate person to practise as a disability worker and it is not in the public interest for the individual to practise as a disability worker—

(i) the individual's criminal history to the extent it is relevant;

(ii) the status of the individual's NDIS clearance if the individual holds or has held an NDIS clearance; or".

135 Unsuitability to hold limited registration For section 159(b) of the Disability Service Safeguards Act 2018 substitute—

(i) the individual's criminal history to the extent it is relevant;

(ii) the status of the individual's NDIS clearance if the individual holds or has held an NDIS clearance; or".

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136 Unsuitability to hold non-practising registration For section 167(a) of the Disability Service Safeguards Act 2018 substitute—

"(a) having regard to one of the following, the individual is not a fit and proper person to hold non-practising registration—

(i) the individual's criminal history to the extent it is relevant;

(ii) the status of the individual's NDIS clearance if the individual holds or has held an NDIS clearance; or".

137 Annual statement After section 188(1)(b) of the Disability Service Safeguards Act 2018 insert—

"(ba) if the applicant has been given an NDIS clearance, details of any suspension, revocation, expiry or surrender of the NDIS clearance; and".

138 Other records to be kept by Board (1) In section 252(g) of the Disability Service

Safeguards Act 2018, for "check." substitute "check;".

(2) After section 252(g) of the Disability Service Safeguards Act 2018 insert—

"(h) information about the disability worker's NDIS clearance (if any).".

139 NDIS worker screening check (1) In the heading to section 257 of the Disability

Service Safeguards Act 2018, for "NDIS worker" substitute "Worker".

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(2) In section 257(1) of the Disability Service Safeguards Act 2018—

(a) in paragraph (a)— (i) for "an NDIS worker screening unit"

substitute "a worker screening unit"; (ii) for "any NDIS worker screening check"

substitute "any worker screening check";

(b) in paragraph (b)— (i) for "the NDIS worker screening unit"

substitute "the worker screening unit"; (ii) for "an NDIS worker screening check"

substitute "a worker screening check". (3) For section 257(2)(a) of the Disability Service

Safeguards Act 2018 substitute— "(a) may request a worker screening unit to give

the Board information concerning any worker screening check in relation to the disability worker including in relation to any of the following—

(i) whether the disability worker has been given an NDIS clearance that remains in force;

(ii) whether the disability worker has been given an NDIS exclusion or interim NDIS exclusion;

(iii) whether the disability worker has made an application for an NDIS clearance and whether the application has been withdrawn or reinstated;

(iv) whether the NDIS clearance of the disability worker has been suspended, revoked or surrendered; and".

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(4) In section 257(2)(b) of the Disability Service Safeguards Act 2018—

(a) for "the NDIS worker screening unit" substitute "the worker screening unit";

(b) for "an NDIS worker screening check" substitute "a worker screening check".

(5) In section 257(3) of the Disability Service Safeguards Act 2018, for "NDIS worker screening unit" substitute "worker screening unit".

(6) After section 257(3) of the Disability Service Safeguards Act 2018 insert—

"(4) In this section— worker screening check means—

(a) an NDIS check; and (b) an NDIS worker screening check;

and (c) a prescribed process for

determining whether a person may be employed or engaged in particular work;

worker screening unit means— (a) an NDIS worker screening unit;

and (b) in relation to the performance of

functions in relation to screening checks under the Worker Screening Act 2020, the Secretary within the meaning of that Act; and

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

"Part 18—Transitional provisions—Disability and Social Services Regulation Amendment

Act 2023 288 Definition

In this Part— commencement day means the day on which

Division 1 of Part 4 of the Disability and Social Services Regulation Amendment Act 2023 comes into operation.

289 Application for registration by disability worker Division 1 of Part 11, as in force on the commencement day, applies to an application for registration made under that Division before that day that has not been determined by the Board.

290 Worker screening check (1) Section 257, as in force on the

commencement day, applies to a disability worker registered before that day.

(2) Section 257, as in force on the commencement day, applies to a disability student registered before that day.".

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Division 2—Amendment of Residential Tenancies Act 1997

Subdivision 1—Residential tenancies 141 Definitions (1) In section 3(1) of the Residential Tenancies

Act 1997 insert the following definitions— "DSOA client means an older person—

(a) who is receiving supports under the Commonwealth Disability Support for Older Australians program or a prescribed program; and

(b) who is not an NDIS participant; SDA dwelling has the meaning given by

section 498BA; specified entity or program means any of the

following— (a) the Secretary to the Department of

Families, Fairness and Housing; (b) the Transport Accident Commission; (c) the Victorian WorkCover Authority; (d) the NDIS; (e) the Commonwealth Disability Support

for Older Australians program or a prescribed program;

Transport Accident Commission has the same meaning as Commission has in section 3 of the Transport Accident Act 1986;

Victorian WorkCover Authority has the same meaning as Authority has in section 3 of the Workplace Injury Rehabilitation and Compensation Act 2013;".

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(2) In section 3(1) of the Residential Tenancies Act 1997—

(a) for the definition of SDA provider substitute— "SDA provider means a person who is the

owner or leaseholder of an SDA dwelling if the premises are let under, or are proposed to be let under, an SDA residency agreement or residential rental agreement to an SDA resident;";

(b) for the definition of SDA resident substitute— "SDA resident means a person with a

disability— (a) who receives, or is eligible to

receive, funded daily independent living support; and

(b) who is residing, or proposes to reside, in an SDA dwelling under an SDA residency agreement or residential rental agreement;".

(3) In section 3(1) of the Residential Tenancies Act 1997, in paragraph (b) of the definition of SDA enrolled dwelling, for "2016" substitute "2020".

142 Definitions (1) In section 498B of the Residential Tenancies

Act 1997— (a) insert the following definition—

"SDA dwelling has the meaning given by section 498BA;";

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(b) for the definition of support plan substitute— "support plan means an SDA resident's

plan— (a) that is in effect under section 37 of

the National Disability Insurance Scheme Act 2013 of the Commonwealth; or

(b) that is funded by a specified entity or program.".

(2) In section 498B of the Residential Tenancies Act 1997, the definitions of CoS Supported accommodation client, SDA provider, SDA resident and Supported Independent Living provider are repealed.

143 New section 498BA inserted After section 498B of the Residential Tenancies Act 1997 insert—

"498BA Meaning of SDA dwelling (1) In this Act, an SDA dwelling means— (a) an SDA enrolled dwelling; or (b) any other permanent dwelling that

provides long term accommodation and where daily independent living support is provided to one or more residents with a disability funded by a specified entity or program and may comprise—

(i) an area or room exclusively occupied by an SDA resident and common areas shared by other SDA residents under an SDA residency agreement; or

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(ii) the dwelling as a whole occupied exclusively by an SDA resident under an SDA residency agreement; or

(iii) the dwelling as a whole occupied under a residential rental agreement by at least one SDA resident and other occupants who may or may not be SDA residents.

(2) An SDA dwelling does not include the following—

(a) premises that are not occupied under an SDA residency agreement or a residential rental agreement; Note

See also section 26(3) and the definition of residential rental agreement in section 3(1).

(b) a premises occupied under a residential rental agreement in relation to which the residential rental provider and, if appropriate, the head renter of the premises—

(i) do not receive funding from a specified entity or program in relation to any disability support provided at the premises; and

(ii) have not entered into an agreement with a specified entity or program in relation to any disability support provided at the premises;

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(e) a short-term accommodation dwelling or accommodation that is used to provide respite or transitional accommodation.

(3) In this section— head renter, in relation to rented premises,

means a person who— (a) is a renter of the premises under

the head residential rental agreement within the meaning of section 91R(1); and

(b) has granted another person possession of the premises under a sub-residential rental agreement within the meaning of that section.".

144 New section 498DAA inserted After section 498D of the Residential Tenancies Act 1997 insert—

"498DAA Information statement required to be given to person residing in SDA dwelling—residential rental agreement

(1) This section applies to an SDA provider if— (a) immediately before the commencement

day— (i) a residential rental agreement is in

force between the SDA provider and an SDA resident in respect of an SDA dwelling; and

(ii) the SDA resident has not been given an information statement under section 498D; and

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(b) on or after the commencement day— (i) the SDA resident has not been

given a notice to vacate under Division 9 of Part 2; or

(ii) if the SDA resident has at any time been given a notice to vacate under Division 9 of Part 2, either—

(A) the SDA provider withdraws the notice under section 91ZZQ; or

(B) the Tribunal determines that the notice to vacate is not valid.

Note

See also section 26(3) and the definition of residential rental agreement in section 3(1).

(2) The SDA provider must, within 6 months after the commencement day—

(a) give the SDA resident an information statement in the form approved by the Director under section 498D; and

(b) offer the SDA resident the choice to enter into or establish an SDA residency agreement with the SDA provider.

Penalty: 300 penalty units in the case of a natural person; 750 penalty units in the case of a body corporate.

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Note

Section 498E imposes obligations on persons providing information to an SDA resident under this Part to explain the contents of the information to the SDA resident.

(3) If an SDA provider enters into or establishes an SDA residency agreement with an SDA resident in respect of an SDA dwelling that commences before the term of a residential rental agreement between the SDA provider and SDA resident in respect of that SDA dwelling ends, that residential rental agreement is taken to terminate immediately before the SDA residency agreement comes into operation.

(4) For the purposes of section 91B, if a residential rental agreement is taken to terminate under subsection (3), it is taken to have been terminated in accordance with Division 9 of Part 2.

(5) In this section— commencement day means the day on which

section 144 of the Disability and Social Services Regulation Amendment Act 2023 comes into operation.".

145 Purpose of Division In section 498T(2) of the Residential Tenancies Act 1997—

(a) in paragraph (e), for "Commission." substitute "Commission;";

(b) after paragraph (e) insert— "(f) a person employed and authorised by

the Transport Accident Commission.".

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146 Notice of temporary relocation In section 498ZV(6) of the Residential Tenancies Act 1997, for "the SDA resident's Supported Independent Living provider" substitute "the provider of the SDA resident's daily independent living support".

147 Notice to vacate by SDA provider In section 498ZX(9) of the Residential Tenancies Act 1997, for "the SDA resident's Supported Independent Living provider" substitute "the provider of the SDA resident's daily independent living support".

148 Definitions In section 498ZZX of the Residential Tenancies Act 1997—

(a) for the definition of former SDA provider substitute— "former SDA provider means an SDA

provider who, before the termination of an SDA residency agreement, was the owner or leaseholder of an SDA dwelling;";

(b) in the definition of former SDA resident, for "funding under the NDIS to reside in an SDA enrolled dwelling" substitute "funded daily independent living support in an SDA dwelling".

149 Prohibition on letting premises used for SDA enrolled dwelling after notice

(1) In the heading to section 498ZZZPA of the Residential Tenancies Act 1997 omit "enrolled".

(2) In section 498ZZZPA of the Residential Tenancies Act 1997 omit "enrolled" (wherever occurring).

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

"Schedule 3—Transitional provisions—Disability and Social Services Regulation Amendment

Act 2023 1 Definitions

In this Schedule— disability service provider has the same

meaning as it has in the Disability Act 2006;

group home means a residential service which is declared to be a group home by the Minister under section 64 of the Disability Act 2006 as in force immediately before its repeal by the Disability and Social Services Regulation Amendment Act 2023;

residential statement, in relation to a disability service provider providing services to a group home, means a residential statement within the meaning of section 57 of the Disability Act 2006, as in force immediately before the commencement of Division 1 of Part 2 of the Disability and Social Services Regulation Amendment Act 2023.

2 Group homes (1) A group home is, on and from the

commencement of section 90 of the Disability and Social Services Regulation

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Amendment Act 2023, taken to be an SDA dwelling.

(2) A person who is a resident of a group home immediately before the commencement of section 90 of the Disability and Social Services Regulation Amendment Act 2023 is taken, on and from that commencement, to be an SDA resident until the person enters into an SDA residency agreement or residential rental agreement.

(3) Subject to subclause (4), a disability service provider operating a group home immediately before the commencement of section 90 of the Disability and Social Services Regulation Amendment Act 2023 is taken, on and from that commencement to be an SDA provider until the provider enters into an SDA residency agreement or residential rental agreement.

(4) If a disability service provider operating a group home immediately before the commencement of section 90 of the Disability and Social Services Regulation Amendment Act 2023 is not the owner or leaseholder of a group home, the owner or leaseholder of the group home immediately before that commencement is taken, on and from that commencement to be an SDA provider until the provider enters into an SDA residency agreement or residential rental agreement.

(5) A residential statement given to a resident of a group home by a disability service provider before the commencement of section 90 of the Disability and Social Services Regulation Amendment Act 2023 is taken, on and after the commencement of that

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section, to be an SDA residency agreement made in accordance with Division 3 of Part 12A in relation to which—

(a) the period to which the residential statement relates specified under section 57(2)(a) of the Disability Act 2006 is the term of the SDA residency agreement for the purposes of section 498F(6)(c); and

(b) the rent component of the residential charge specified under section 57(2)(d) of the Disability Act 2006 is the rent for the purposes of section 498J(1)(b); and

(c) the services component of the residential charge specified under section 57(2)(d) of the Disability Act 2006 is the amount of utilities charges for the purposes of section 498J(1)(c).

3 Deemed SDA providers (1) This clause applies to— (a) a group home taken to be an SDA

dwelling under clause 2(1); and (b) a person taken to be an SDA resident

under clause 2(2); and (c) a disability service provider taken to be

an SDA provider under clause 2(3); and (d) the owner or leaseholder of a group

home taken to be an SDA provider under clause 2(4).

(2) An SDA provider must give an SDA resident an information statement no later than 6 months after the commencement of

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section 90 of the Disability and Social Services Regulation Amendment Act 2023. Penalty: 300 penalty units in the case of a

natural person; 750 penalty units in the case of a body corporate.

(3) An information statement given under subclause (2) must—

(a) be in the form approved by the Director for the purposes of section 498D(3); and

(b) comply with section 498E. (4) Subject to subclause (5), as soon as

practicable after giving an SDA resident an information statement under subclause (2), an SDA provider must make all reasonable efforts to—

(a) enter into an SDA residency agreement with the SDA resident in respect of the SDA dwelling; or

(b) work with the SDA resident in accordance with section 498G to establish an SDA residency agreement in respect of the SDA dwelling; or

(5) In the case of an information statement for an SDA residency agreement that is taken to be an SDA residency agreement under clause 2(5), the SDA provider must make all reasonable efforts to take the action required under subclause (4)(a), (b) or (c) before the end of the term of the SDA residency

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

Subdivision 2—Notification of Public Advocate 151 Notice of temporary relocation

In section 498ZV(4) of the Residential Tenancies Act 1997 omit ", the Public Advocate".

152 Notice to vacate by SDA provider In section 498ZX(7) of the Residential Tenancies Act 1997 omit ", the Public Advocate".

153 Notice to vacate by mortgagee In section 498ZZD(3) of the Residential Tenancies Act 1997 omit ", the Public Advocate".

Subdivision 3—Consequential amendments 154 Purposes

In section 1(j) of the Residential Tenancies Act 1997, for "SDA enrolled dwellings" substitute "SDA dwellings".

155 Definitions In section 3(1) of the Residential Tenancies Act 1997—

(a) in paragraph (a)(ii) of the definition of fair wear and tear, for "SDA enrolled dwelling" substitute "SDA dwelling";

(b) in the definition of health or residential service, for "SDA enrolled dwelling;" substitute "SDA dwelling;";

(c) in paragraph (e) of the definition of notice of intention to vacate, for "SDA enrolled dwelling" substitute "SDA dwelling";

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(d) in paragraph (e) of the definition of notice to vacate, for "SDA enrolled dwelling" substitute "SDA dwelling";

(e) in the definition of rooming house, for "SDA enrolled dwelling," substitute "SDA dwelling,";

(f) in the definition of urgent repairs, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

156 Health or residential services In the note at the foot of section 23 of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

157 Residential rental agreements to be in standard form

In note 2 at the foot of section 26 of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

158 Copy of agreement to be made available to renter In the note at the foot of section 29 of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

159 Jurisdiction of Tribunal In section 446(bc) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling;" substitute "SDA dwelling;".

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160 Further functions of Director in relation to SDA enrolled dwellings

In the heading to section 486B of the Residential Tenancies Act 1997, for "SDA enrolled dwellings" substitute "SDA dwellings".

161 Referral of matter to another person or body In section 486C of the Residential Tenancies Act 1997, for "SDA enrolled dwelling," substitute "SDA dwelling,".

162 Definitions In section 498B of the Residential Tenancies Act 1997—

(a) in the definition of rent, for "SDA enrolled dwelling" substitute "SDA dwelling";

(b) in the definition of SDA residency agreement, for "SDA enrolled dwelling;" substitute "SDA dwelling;".

163 When does Part not apply to occupation of SDA enrolled dwelling

(1) In the heading to section 498C of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

(2) In section 498C(1) and (2) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

164 Information statement required to be given to SDA resident

In section 498D(2) and (3) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

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165 Explanation of Tribunal orders In section 498EA(6) of the Residential Tenancies Act 1997, in the definition of relevant person, for "SDA enrolled dwelling" (where twice occurring) substitute "SDA dwelling".

166 Agreement for provision of SDA enrolled dwelling (1) In the heading to section 498F of the Residential

Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

(2) In section 498F of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

167 Copy of SDA residency agreement to be made available to SDA resident

In section 498H of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

168 Content of SDA residency agreement In section 498J(1) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (where twice occurring) substitute "SDA dwelling".

169 Restriction on use of personal information provided by applicants for SDA enrolled dwellings

(1) In the heading to section 498LA of the Residential Tenancies Act 1997, for "SDA enrolled dwellings" substitute "SDA dwellings".

(2) In section 498LA of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

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170 Information that SDA provider must disclose before entering SDA residency agreement

(1) In section 498LB of the Residential Tenancies Act 1997, for "SDA recipient" substitute "SDA resident".

(2) In section 498LB of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

171 Misleading or deceptive conduct inducing a person to enter an SDA residency agreement

In section 498LC(3) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

172 Duties of SDA provider In section 498M of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

173 Duties of SDA resident In section 498N of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

174 Application to Director to investigate need for non-urgent repairs

In section 498Q of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

175 What can the Tribunal order? In section 498S(1) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

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176 Purpose of Division In section 498T of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (where twice occurring) substitute "SDA dwelling".

177 Entry of SDA enrolled dwelling (1) In the heading to section 498U of the Residential

Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

(2) In section 498U of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

178 Grounds for entry of SDA enrolled dwelling (1) In the heading to section 498V of the Residential

Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

(2) In section 498V(1) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

(3) In section 498V(2) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

(4) In section 498V(3) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

(5) In section 498V(3A) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

(6) In section 498V(4) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (where twice occurring) substitute "SDA dwelling".

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(7) In section 498V(5) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (where twice occurring) substitute "SDA dwelling".

179 Manner of entry In section 498W(b) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

180 What must be in a notice of entry? In section 498X(2) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

181 SDA resident has duty to permit entry In section 498Y of the Residential Tenancies Act 1997, for "SDA enrolled dwelling." substitute "SDA dwelling.".

182 What if damage is caused during entry In section 498Z of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

183 Receipts for rent In section 498ZE(5)(a) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling;" substitute "SDA dwelling;".

184 What can the Tribunal order on an application relating to increase in rent

(1) In section 498ZI(2)(a) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling;" substitute "SDA dwelling;".

(2) In section 498ZI(2)(b) of the Residential Tenancies Act 1997, for "SDA enrolled dwellings" substitute "SDA dwellings".

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(3) In section 498ZI(2)(c), (e) and (f) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

185 Certain charges prohibited In section 498ZL(4) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

186 SDA provider's liability for various utility charges (1) In section 498ZM(1) and (2) of the Residential

Tenancies Act 1997, for "SDA enrolled dwelling" (where twice occurring) substitute "SDA dwelling".

(2) In the example at the foot of section 498ZM(2) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling." substitute "SDA dwelling.".

187 SDA provider must not seek overpayment for utility charge

In section 498ZN of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (where twice occurring) substitute "SDA dwelling".

188 Definitions In section 498ZO of the Residential Tenancies

Act 1997, in the definition of duty provision, for "SDA enrolled dwelling," substitute "SDA dwelling,".

189 Breach of duty notice In section 498ZP(2A) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

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190 Matters to be considered by Tribunal In section 498ZR(2) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling;" (where twice occurring) substitute "SDA dwelling;".

191 Notice of temporary relocation (1) In section 498ZV(1) of the Residential Tenancies

Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

(2) In section 498ZV(2A) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (where twice occurring) substitute "SDA dwelling".

(3) In section 498ZV(3) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (where twice occurring) substitute "SDA dwelling".

(4) In section 498ZV(7) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

(5) In section 498ZV(10) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

(6) In section 498ZV(11) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

192 Termination of SDA residency agreement In section 498ZW(1) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

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193 Order of Tribunal that premises are abandoned In section 498ZWA of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

194 Notice to vacate by SDA provider (1) In section 498ZX(1) of the Residential Tenancies

Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

(2) In section 498ZX(4A) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

(3) In section 498ZX(5) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

195 Effect of notice to vacate In section 498ZY(2) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

196 Notice of intention to vacate by SDA resident In section 498ZZA(2)(b) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling." substitute "SDA dwelling.".

197 Withdrawal of notice In section 498ZZB(2) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling." substitute "SDA dwelling.".

198 Notice by owner In section 498ZZCA(1) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

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199 Notice to vacate by mortgagee In section 498ZZD(1) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

200 Application for possession order by SDA provider In section 498ZZE of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

201 Application for possession order by mortgagee In section 498ZZF(1) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

202 Order of Tribunal In section 498ZZH of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (where twice occurring) substitute "SDA dwelling".

203 What is reasonable and proportionate In section 498ZZHA(d) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling;" substitute "SDA dwelling;".

204 Contents of possession order In section 498ZZJ of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

205 Effect of possession order for SDA enrolled dwelling (1) In the heading to section 498ZZL of the

Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

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(2) In section 498ZZL of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (where twice occurring) substitute "SDA dwelling".

206 What must the possession order provide? In section 498ZZM of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (where twice occurring) substitute "SDA dwelling".

207 Notice to occupiers of SDA enrolled dwelling (1) In the heading to section 498ZZN of the

Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

(2) In section 498ZZN of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (where twice occurring) substitute "SDA dwelling".

208 Warrant of possession In section 498ZZR of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

209 Postponement of issue of warrant in certain cases In section 498ZZU of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (where twice occurring) substitute "SDA dwelling".

210 Immediate issue of warrant if failure to pay rent during postponement

In section 498ZZV of the Residential Tenancies Act 1997, for "SDA enrolled dwelling," substitute "SDA dwelling,".

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211 Application of this Division In section 498ZZW of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

212 Definitions (1) In section 498ZZX of the Residential Tenancies

Act 1997, the definition of SDA enrolled dwelling owner is repealed.

(2) In section 498ZZX of the Residential Tenancies Act 1997 insert the following definition— "SDA dwelling owner, in relation to an SDA

dwelling in respect of which an SDA residency agreement has been terminated, means—

(a) the former SDA provider; and (b) either— (i) the owner of the SDA dwelling; or (ii) a mortgagee who has secured a

mortgage against the SDA dwelling;".

(3) In section 498ZZX of the Residential Tenancies Act 1997, in the definition of stored goods, for "SDA enrolled dwelling" (where twice occurring) substitute "SDA dwelling".

213 What happens if personal documents are left behind?

In section 498ZZY of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

214 Disposal of personal documents after 90 days In section 498ZZZ(1) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

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215 Reclaiming personal documents before disposal In section 498ZZZA(2) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

216 Disposal of certain goods left behind In section 498ZZZC of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (where twice occurring) substitute "SDA dwelling".

217 What must an SDA enrolled dwelling owner do about goods left behind?

(1) In the heading to section 498ZZZD of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

(2) In section 498ZZZD(1) and (3) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (where twice occurring) substitute "SDA dwelling".

218 When SDA enrolled dwelling owner may sell or dispose of stored goods

(1) In the heading to section 498ZZZF of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

(2) In section 498ZZZF of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

219 Former SDA resident may request proceeds of sale of goods

In section 498ZZZG(3) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

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220 Purchaser takes good title In section 498ZZZI(b) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

221 What if goods or documents are disposed of in contravention of this Division?

In section 498ZZZJ of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

222 What if goods or documents are wrongfully retained?

In section 498ZZZK of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

223 What if goods or documents are damaged or lost? In section 498ZZZL of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

224 What if an SDA enrolled dwelling owner refuses to store goods for more than 14 days?

(1) In the heading to section 498ZZZM of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

(2) In section 498ZZZM of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

225 Offence relating to entering SDA enrolled dwelling (1) In the heading to section 498ZZZO of the

Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

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(2) In section 498ZZZO of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

226 Offence to obtain possession etc. of SDA enrolled dwelling

(1) In the heading to section 498ZZZP of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

(2) In section 498ZZZP of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

227 Disclosure, use and transfer of information (1) In section 505C(1)(a) of the Residential

Tenancies Act 1997, for "SDA enrolled dwellings" substitute "SDA dwellings".

(2) In section 505C(1)(b) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling." substitute "SDA dwelling.".

(3) In section 505C(2) and (3) of the Residential Tenancies Act 1997, for "SDA enrolled dwellings" substitute "SDA dwellings".

(4) In section 505C(4)(g) of the Residential Tenancies Act 1997, for "SDA enrolled dwellings" substitute "SDA dwellings".

(5) In section 505C(4)(p) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling;" substitute "SDA dwelling;".

228 Service of documents In section 506(3A)(b)(i) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling;" substitute "SDA dwelling;".

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229 Regulations (1) In section 511(1)(hb) of the Residential

Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

(2) After section 511(1)(hc) of the Residential Tenancies Act 1997 insert—

"(hd) prescribing a program for the purposes of the definition of DSOA client in section 3(1);

(he) prescribing a program for the purposes of the definition of specified entity or program in section 3(1);".

Subdivision 4—Notification of Director 230 Notice of temporary relocation (1) For section 498ZV(5) of the Residential

Tenancies Act 1997 substitute— "(5) The SDA provider must notify the Director

of the details of a notice of temporary relocation within 24 hours after the notice has been given to an SDA resident who is not an SDA recipient, including any of the following—

(a) a DSOA client; (b) an SDA resident whose daily

independent living support is funded by the Transport Accident Commission or the Victorian WorkCover Authority.

Penalty: 60 penalty units. (5A) After receiving a notification under

subsection (4) or (5), the Director must provide the details of the notice of temporary relocation to the Public Advocate.

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(5B) After receiving a notification under subsection (5), the Director must provide the details of the notice of temporary relocation to the Transport Accident Commission or the Victorian WorkCover Authority (as the case requires) if the SDA resident is a person specified in subsection (5)(b).".

231 Notice to vacate by SDA provider For section 498ZX(8) of the Residential Tenancies Act 1997 substitute—

"(8) The SDA provider must notify the Director of the details of a notice to vacate within 24 hours after the notice has been given to an SDA resident who is not an SDA recipient, including any of the following—

(a) a DSOA client; (b) an SDA resident whose daily

independent living support is funded by the Transport Accident Commission or the Victorian WorkCover Authority.

Penalty: 60 penalty units. (8A) After receiving a notification under

subsection (7) or (8), the Director must provide the details of the notice to vacate to the Public Advocate.

(8B) After receiving a notification under subsection (8), the Director must provide the details of the notice to vacate to the Transport Accident Commission or the Victorian WorkCover Authority (as the case requires) if the SDA resident is a person specified in subsection (8)(b).".

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232 Notice to vacate by mortgagee For section 498ZZD(4) of the Residential Tenancies Act 1997 substitute—

"(4) The mortgagee must notify the Director of the details of a notice to vacate within 24 hours after the notice has been given to an SDA resident who is not an SDA recipient, including any of the following—

(a) a DSOA client; (b) an SDA resident whose daily

independent living support is funded by the Transport Accident Commission or the Victorian WorkCover Authority.

Penalty: 60 penalty units. (4A) After receiving a notification under

subsection (3) or (4), the Director must provide the details of the notice to vacate to the Public Advocate.

(4B) After receiving a notification under subsection (4), the Director must provide the details of the notice to vacate to the Transport Accident Commission or the Victorian WorkCover Authority (as the case requires) if the SDA resident is a person specified in subsection (4)(b).".

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Part 5—Amendment of other Acts

Division 1—Amendment of Crimes Act 1958 233 Definitions

In section 52A of the Crimes Act 1958, after paragraph (a) of the definition of residential service insert—

"(ab) accommodation approved for supervised treatment under section 187 of the Disability Act 2006; and".

Division 2—Amendment of Guardianship and Administration Act 2019

234 Powers of inspection In section 17(7) of the Guardianship and Administration Act 2019, after paragraph (ca) of the definition of institution insert—

"(cab) accommodation approved for supervised treatment under section 187 of the Disability Act 2006;".

Division 3—Amendment of Independent Broad-based Anti-corruption Commission Act 2011 235 Definitions

In section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011, after paragraph (e) of the definition of detained person insert—

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

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Division 4—Amendment of Medical Treatment Planning and Decisions Act 2016

236 Definitions In section 3(1) of the Medical Treatment Planning and Decisions Act 2016, after paragraph (c) of the definition of health facility insert—

"(caa) accommodation approved for supervised treatment under section 187 of the Disability Act 2006; and".

Division 5—Amendment of Residential Tenancies Act 1997

237 Definitions In section 3(1) of the Residential Tenancies Act 1997, after paragraph (c) of the definition of health or residential service insert—

"(ca) accommodation approved for supervised treatment under section 187 of the Disability Act 2006; or".

Division 6—Amendment of Social Services Regulation Act 2021

238 Definitions In section 3(1) of the Social Services Regulation Act 2021, in the definition of exclusion decision—

(a) in paragraph (c), after "Worker Screening Act 2020;" insert "or";

(b) after paragraph (c) insert— "(d) a prescribed decision;".

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239 Impact of interview or hearing must be mitigated In the heading to section 100 of the Social Services Regulation Act 2021, for "mitigated" substitute "mitigated—WCES workers or carers".

240 New sections 100A and 100B inserted After section 100 of the Social Services Regulation Act 2021 insert—

"100A Impact of interview or hearing must be mitigated—WCES service users

(1) Before interviewing a WCES service user or a person with the characteristics of a WCES service user, the Regulator, a Panel, an authorised officer or an independent investigator must consider, and take all reasonable steps to mitigate, any negative effect that the interview may have on the service user or person.

(2) Before requiring a WCES service user or a person with the characteristics of a WCES service user to attend a hearing conducted by a Panel under this Part, the Panel must consider, and take all reasonable steps to mitigate, any negative effect that the hearing may have on the service user or person.

100B Mitigation of impact of interviews on children

(1) This section applies if the Regulator, a Panel, an authorised officer or an independent investigator interviews, or proposes to interview, a child that is a WCES service user or has the characteristics of a WCES service user.

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(2) The Regulator, Panel, authorised officer or independent investigator may engage a person with appropriate qualifications, training or experience in interviewing child victims of abuse to conduct an interview on behalf of the Regulator, Panel, authorised officer or independent investigator.

(3) Before interviewing a child, the interviewer must consider, and take all reasonable steps to mitigate, any negative effect that the interview may have on the child.

(4) Without limiting subsection (3), the Regulator, Panel, authorised officer or independent investigator must consider whether the child's primary family carer (within the meaning of the Commission for Children and Young People Act 2012) should be present during the interview.".

241 Power to enter premises of registered social service providers—monitoring compliance

In section 112(1) of the Social Services Regulation Act 2021, after "other than residential premises" insert "within the meaning of section 113".

242 Power to enter residential premises with consent (1) For section 113(2) of the Social Services

Regulation Act 2021 substitute— "(2) An authorised officer or independent

investigator must not under subsection (1) enter a part of residential premises that is used as a bedroom—

(a) in the case of a bedroom of a service user in residential premises occupied by a provider of a supported residential

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service or a prescribed residential disability service, unless—

(i) the authorised officer or independent investigator has the consent of the service user to do so; or

(ii) the authorised officer or independent investigator—

(A) considers the entry reasonably necessary for the purposes of monitoring compliance with a provision of this Act, or investigating a possible contravention of this Act, having regard to the matters specified in subsection (2A); and

(B) is unable to obtain the consent of the service user after taking all reasonable steps to do so; or

(b) in any other case, the authorised officer or independent investigator has the consent of the resident of the bedroom to do so.

(2A) The following matters are specified for the purposes of subsection (2)(a)(ii)(A)—

(a) whether entry to the bedroom is necessary to eliminate or reduce an immediate risk of harm to a service user;

(b) the time of the entry; (c) whether the premises in which the

bedroom is located are open to the public at the time of the entry;

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(d) whether the purpose of the entry may be achieved by a less intrusive means;

(e) any other matter that the authorised officer or independent investigator reasonably considers appropriate.".

(2) In section 113(3) of the Social Services Regulation Act 2021—

(a) for "occupier of the resident" substitute "occupier or the resident";

(b) in paragraph (b), for "entry." substitute "entry; and";

independent investigator to enter a bedroom under subsection (2)(a)(ii) without the consent of the resident.".

(3) In section 113(5) of the Social Services Regulation Act 2021—

(a) in paragraph (a), before "given" insert "for the purposes of subsection (2)(b),";

(b) after paragraph (a) insert— "(ab) for the purposes of subsection (2)(a),

given by the resident's guardian, parent or next of kin if the resident of the bedroom is unable to give consent; and";

(d) in paragraph (c), before "withdrawn" insert "except in the case of entry under subsection (2)(a)(ii),".

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(4) After section 113(6) of the Social Services Regulation Act 2021 insert—

"(7) In this section— residential premises means premises, or part

of premises, occupied by a registered social service provider—

(a) that is used as the private residence of the social service provider or any person employed or engaged by the social service provider; or

(b) that is used as the bedroom of a social service user;

supported residential service means a supported residential service within the meaning given in section 214 that is registered under Part 3.".

243 Meaning of supported residential service After section 214(1)(b) of the Social Services Regulation Act 2021 insert—

"(ba) accommodation approved for supervised treatment under section 187 of the Disability Act 2006;".

244 Offences by unincorporated bodies, partnerships etc.

In section 294(2) of the Social Services Regulation Act 2021—

(a) in paragraph (zp), for "239(1)" substitute "240(1)";

(b) in paragraph (zy), for "249" substitute "250";

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245 Regulations For section 316(1)(h)(iii) of the Social Services Regulation Act 2021 substitute—

"(iii) the qualifications, skills and suitability of persons employed or engaged by providers including, but not limited to, persons engaged as volunteers or approved as foster carers;".

246 Deemed exclusion decisions In section 320 of the Social Services Regulation Act 2021, for "section 105 of the Children, Youth and Families Act 2005 that an allegation that a person physically or sexually abused a child is proved" substitute "section 106 of the Children, Youth and Families Act 2005 that a person posed an unacceptable risk of harm to children".

247 Definitions Section 353(4) of the Social Services Regulation Act 2021 is repealed.

248 New section 354A inserted After section 354 of the Social Services Regulation Act 2021 insert—

'354A Matter may be referred After section 33(d) of the Disability Act 2006 insert—

"(da) the Social Services Regulator;".'. 249 Section 359 repealed

Section 359 of the Social Services Regulation Act 2021 is repealed.

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250 New sections 367A and 367B inserted After section 367 of the Social Services Regulation Act 2021 insert—

'367A Senior Practitioner to notify Secretary or NDIS Commissioner

(1) In the heading to section 132ZL of the Disability Act 2006, for "Secretary" substitute "Social Services Regulator".

(2) In section 132ZL of the Disability Act 2006, for "Secretary" substitute "Social Services Regulator".

367B Powers of Public Advocate In section 141(1)(c)(i) of the Disability Act 2006, for "Secretary" substitute "Social Services Regulator".'.

Division 7—Amendment of Supported Residential Services (Private Proprietors) Act 2010

251 Meaning of supported residential service After section 5(1)(ba) of the Supported Residential Services (Private Proprietors) Act 2010 insert—

"(bab) accommodation approved for supervised treatment under section 187 of the Disability Act 2006;".

Division 8—Amendment of Victorian Inspectorate Act 2011

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

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

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Part 6—Further amendment of other Acts

Division 1—Residential tenancies 253 Accident Compensation Act 1985

In section 99AAA(1) of the Accident Compensation Act 1985, in the definition of supported accommodation, for paragraph (c) substitute—

"(c) an SDA dwelling within the meaning of the Residential Tenancies Act 1997;".

254 Crimes Act 1958 In section 52A of the Crimes Act 1958, in the definition of residential service—

(a) before paragraph (b) insert— "(ac) a short-term accommodation dwelling

within the meaning of the Disability Act 2006; and";

(b) in paragraph (ba), for "SDA enrolled dwelling" substitute "SDA dwelling".

255 Education and Training Reform Act 2006 In section 1.1.3(1) of the Education and Training Reform Act 2006, in the note at the foot of the definition of school boarding premises—

(a) in paragraph (d)(ii), for "NDIS dwelling" substitute "SDA dwelling";

(b) after paragraph (d)(ii) insert— "(iia) accommodation provided at a

short-term accommodation dwelling within the meaning of the Disability Act 2006;".

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256 Guardianship and Administration Act 2019 In section 17(7) of the Guardianship and Administration Act 2019, in the definition of institution—

(a) in paragraph (ca), for "short-term accommodation and assistance dwelling" substitute "short-term accommodation dwelling";

(b) in paragraph (cb), for "SDA enrolled dwelling" substitute "SDA dwelling".

257 Independent Broad-based Anti-corruption Commission Act 2011

In section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011, in paragraph (e) of the definition of detained person, for "SDA enrolled dwelling under Part 8 of the Disability Act 2006" substitute "SDA dwelling under Part 8 of the Disability Act 2006".

258 Land Tax Act 2005 (1) In section 3(1) of the Land Tax Act 2005, in the

definition of SDA enrolled dwelling, for "SDA enrolled dwelling" substitute "SDA dwelling".

(2) In section 56(1A)(b)(iia) of the Land Tax Act 2005, for "SDA enrolled dwelling" substitute "SDA dwelling".

(3) In section 76A(1)(b) and (3) of the Land Tax Act 2005, for "SDA enrolled dwelling" substitute "SDA dwelling".

(4) In section 78A(1)(e), (2)(a), (3)(b), (5) and (7) of the Land Tax Act 2005, for "SDA enrolled dwelling" substitute "SDA dwelling".

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259 Medical Treatment Planning and Decisions Act 2016 In section 3(1) of the Medical Treatment Planning and Decisions Act 2016, in the definition of health facility—

(a) before paragraph (ca) insert— "(caab) a short-term accommodation dwelling

within the meaning of the Disability Act 2006; and";

(b) in paragraph (ca), for "SDA enrolled dwelling" substitute "SDA dwelling".

260 Social Services Regulation Act 2021 (1) Section 360 of the Social Services Regulation

Act 2021 is repealed. (2) In section 369(1) of the Social Services

Regulation Act 2021, after '"provider"' insert "(where thirdly occurring)".

261 Transport Accident Act 1986 In section 3(1) of the Transport Accident Act 1986, in the definition of supported accommodation, for paragraph (c) substitute—

"(c) an SDA dwelling within the meaning of the Residential Tenancies Act 1997;".

262 Victorian Civil and Administrative Tribunal Act 1998

In Schedule 2 to the Victorian Civil and Administrative Tribunal Act 1998 omit "Form and content of a warrant of possession under section 85B of the Disability Act 2006.".

263 Victorian Inspectorate Act 2011 In section 3(1) of the Victorian Inspectorate Act 2011, in paragraph (e) of the definition of detained person, for "SDA enrolled dwelling" substitute "SDA dwelling".

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264 Workplace Injury Rehabilitation and Compensation Act 2013

In section 223(1) of the Workplace Injury Rehabilitation and Compensation Act 2013, in the definition of supported accommodation, for paragraph (c) substitute—

"(c) an SDA dwelling within the meaning of the Residential Tenancies Act 1997; and".

Division 2—Information sharing 265 Child Wellbeing and Safety Act 2005

In item 4 of Schedule 7 to the Child Wellbeing and Safety Act 2005, for "and 39" substitute ", 202AB and 202AC".

266 Social Services Regulation Act 2021 (1) In section 207(2)(d) of the Social Services

Regulation Act 2021, for "39, 39A and 132ZC" substitute "132ZC, 202AB, 202AC and 202AD".

(2) For section 355 of the Social Services Regulation Act 2021 substitute—

'355 Disclosure, use or transfer of protected information After section 202AB(4)(m) of the Disability Act 2006 insert—

"(ma) the Social Services Regulator;". 355A Use, transfer or disclosure of information

relating to disability services or disability service providers In section 202AC(1)(f) of the Disability Act 2006, after "section 97" insert "as in force immediately before the commencement of Part 4 of the Social Services Regulation Act 2021".'.

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(3) In section 356 of the Social Services Regulation Act 2021, for "section 39A(1)(b)" substitute "section 202AD(1)(b)".

267 Secretary may notify entities with functions under Disability Service Safeguards Act 2018 of matters relating to screening checks and clearances

After section 141(1) of the Worker Screening Act 2020 insert—

"(1A) The Secretary may make a disclosure under subsection (1)—

(a) on request made by a relevant entity; or (b) on the Secretary's own initiative.".

Division 3—Residential treatment facilities 268 Social Services Regulation Act 2021

Before section 361 of the Social Services Regulation Act 2021 insert—

"360A Division 1 of Part 6 repealed Division 1 of Part 6 of the Disability Act 2006 is repealed.".

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Part 7—Repeal of this Act 269 Repeal of this Act

This Act is repealed on 30 July 2025. Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

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Endnotes 1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. † Minister's second reading speech—

Legislative Assembly:

Legislative Council:

The long title for the Bill for this Act was "A Bill for an Act to amend the Disability Act 2006 in relation to the Secretary's functions, the sharing of information, residential services, restrictive practices, compulsory treatment and other related matters, to amend the Residential Tenancies Act 1997 in relation to SDA enrolled dwellings, to amend the Disability Service Safeguards Act 2018 in relation to registration requirements, to amend the Social Services Regulation Act 2021 in relation to interviews and hearings for WCES service users, powers of entry and other related matters, to make consequential amendments to other Acts and for other purposes."

By Authority. Government Printer for the State of Victoria.