DISABILITY ACT 2006

Table of Provisions

PART 1--PRELIMINARY

• 1 Purposes  
• 2 Commencement  
• 3 Definitions  
• 3A Disability service provider taken to be providing residential services  
• 3B NDIS provider taken to be providing a residential service in certain circumstances  
• 3C Primary service providers  

PART 2--OBJECTIVES AND PRINCIPLES

• 4 Objectives of Act  
• 5 Principles  
• 6 Persons with an intellectual disability  
• 7 Provision of advice, notification or information under this Act  

PART 3--ADMINISTRATION

Division 1--The Secretary

• 8 Role and functions of the Secretary  
• 9 Power of Secretary to provide funds  
• 10 Power of Secretary to enter into contracts  
• 10A Secretary's powers in relation to land  
• 10B Committee of management  
• 10C Record of dealings  
• 10D Secretary's powers in relation to intellectual property  

Division 2--The Victorian Disability Advisory Council

• 11 Victorian Disability Advisory Council  
• 12 Functions of the Victorian Disability Advisory Council  
• 13 Provisions applying to the Victorian Disability Advisory Council  

Division 3--The Disability Services Commissioner

• 14 Disability Services Commissioner  
• 15 Acting Disability Services Commissioner  
• 16 Functions of the Disability Services Commissioner  
• 17 Powers of the Disability Services Commissioner  
• 18 Provision of staff and contractors  
• 19 Annual report  
• 19A Protection from liability for Commissioner  

Division 5--The Senior Practitioner

• 23 The Senior Practitioner  
• 24 Functions of the Senior Practitioner  
• 25 Power of Senior Practitioner to delegate  
• 26 Provision of staff and contractors  
• 27 Special powers of the Senior Practitioner  

Division 6--Community visitors

• 28 Community visitors  
• 29 General provisions as to community visitors  
• 30 Functions of a community visitor in respect of premises where residential services are provided  
• 30A Functions of a community visitor in respect of NDIS dwellings  
• 30B Functions of a community visitor in respect of Minister approved premises  
• 31 Certain persons deemed to be community visitors  
• 32 Community Visitors Board  
• 33 Matter may be referred  
• 34 Reports by community visitors  
• 35 Annual report of community visitors  
• 36 Secrecy provision  

PART 4--DISABILITY SERVICES

Division 1--General provisions

• 37 State Disability Plan  
• 38 Disability Action Plans  
• 39 Information systems  
• 40 Application for registration as a disability service provider  
• 41 Registration  
• 42 Renewal of registration  
• 43 Revocation of registration  
• 44 Notice before refusal or revocation  
• 45 Application for review  
• 46 Register of disability service providers  
• 47 Disability service provider to notify changes  
• 48 Certain persons or bodies deemed to be registered or may be registered as disability service providers  
• 48A Secretary may exempt disability service providers from requirements  

Division 2--Accessing disability services

• 49 Request for disability services  
• 50 Decision by Secretary as to disability  
• 50A Application to VCAT for review of decision as to disability  
• 51 Effect of decision of Secretary  

Division 3--Planning

• 52 Guiding principles for planning  
• 53 Planning  
• 54 Support plan  
• 55 Planning for persons with an intellectual disability  

PART 5--RESIDENTIAL SERVICES

Division 1--General provisions

• 56 Purpose and application of Part  
• 57 Residential statement  
• 58 Duties of disability service provider providing residential services  
• 59 Duties of residents  
• 60 Entry to a resident's room  
• 61 Manner of entry  
• 61A Termination of residency in residential service  
• 61B Specialist forensic disability accommodation  
• 62 Offences relating to interference with rights  

Division 2--Group homes

• 63 Application of Division  
• 64 Declaration of residential service as a group home  
• 65 Residential charge  
• 66 Notice of increase in residential charge  
• 67 Limit on payment in advance  
• 68 Method of payment  
• 69 Receipts for payment  
• 70 Residential charge must be reduced if service items are reduced  
• 71 Disputes relating to notice of increase in residential charge  
• 72 What can VCAT order on an application under section 71?  
• 72A VCAT must dismiss certain applications  
• 73 Payment of increased amount pending VCAT decision  
• 74 Notice of temporary relocation  
• 75 Termination of residency  
• 76 Notice to vacate by disability service provider  
• 77 Effect of notice to vacate  
• 78 Notice of no effect  
• 79 What if 2 or more notices can be given?  
• 80 Notice of intention to vacate by resident  
• 81 Withdrawal of notice  
• 82 Application to VCAT for review of notice to vacate  
• 83 Application to VCAT for possession order  
• 84 Possession orders  
• 85 Issue of warrant of possession  
• 85A Extension of time for warrant to be executed  
• 85B Warrant of possession  
• 85C Lapsing of possession order and lapsing or cancellation of warrant of possession  
• 85D Execution of warrant  

PART 6--RIGHTS AND ACCOUNTABILITY

Division 1--Provision of information

• 89 Disability service provider must provide information  

Division 2--Provisions relating to the management of money

• 90 Management of money  
• 91 Residents' Trust Fund  
• 92 Money to be paid into the Residents' Trust Fund by the Secretary  
• 93 Management of money of a resident  
• 94 Investment of money  
• 95 Limit on amount held  
• 96 Trust money must be paid when person leaves  

Division 3--Standards and monitoring of performance

• 97 Minister must determine standards  
• 98 Secretary to specify performance measures and monitor performance  
• 99 Power of Secretary to give directions  
• 100 Further powers of Secretary  

Division 4--Appointment of administrator

• 101 Displacement of other laws  
• 102 Appointment of administrator  
• 103 Additional provisions if disability service provider is providing residential services  

Division 5--Complaints to disability service providers

• 103A Application of Division and references  
• 104 Internal process for complaints  
• 105 Report on complaints  
• 106 Duty to take all reasonable steps to prevent adverse effects  

Division 5A--Complaints to regulated service providers

• 106AA Application of Division and references  
• 106A Internal process of regulated service provider for complaints  
• 106B Report on complaints  
• 106C Duty to take all reasonable steps to prevent adverse effects  

Division 6--Complaints to Disability Services Commissioner

• 107 Purpose of Division  
• 108 Application of Division  
• 108A References to service provider  
• 109 What matters can be the subject of a complaint?  
• 110 Who may make a complaint?  
• 111 How do you make a complaint?  
• 112 Withdrawal of complaint  
• 113 Preliminary assessment of complaint  
• 114 Circumstances in which the Disability Services Commissioner may decline to consider a complaint  
• 115 Notice of decision to consider or not to consider complaint  
• 116 Consideration of complaint suitable for conciliation  
• 117 Dealing with a complaint  
• 118 Investigation of a complaint  
• 119 Notice of decision and procedures  
• 120 Circumstances in which notice is not to be given  
• 121 Duty to stop proceedings  
• 123 Powers not to be exercised during conciliation  

Division 6A--Initiated investigations

• 127 Application of Division and references  
• 128A Definition  
• 128B Commissioner initiated investigations  
• 128C Notice of initiated investigation  
• 128D Decision of Commissioner on initiated investigation  
• 128E Decision that action should be taken  
• 128F Notice of decision of initiated investigation  
• 128G Notice to take action  

Division 6B--Referral investigations

• 128GA Application of Division and references  
• 128H Definition  
• 128I Referral investigations  
• 128J Publication of referral investigations  
• 128K Notice of referral investigation  
• 128L Decision of Commissioner on referral investigation  
• 128M Decision that action should be taken  
• 128N Notice to take action  

Division 6C--Following up on investigations

• 128NA Application of Division and references  
• 128O Definition  
• 128P Service provider to report on action taken  
• 128Q Notice requiring service provider to report  
• 128R Follow up investigations  
• 128S Notice of follow up investigation  
• 128T Decision of Commissioner on follow up investigation  
• 128U Notice of decision on follow up investigation  

Division 7--Visits by community visitors

• 129AA Minister approved premises  
• 129 Visiting of residential service, NDIS dwelling or Minister approved premises  
• 130 Powers of inspection  
• 130A Obligations of service provider and staff  
• 131 Request to see a community visitor—resident in residential service  
• 131A Request to see a community visitor—NDIS residents in NDIS dwelling  
• 131B Request to see a community visitor—residents of Minister approved premises  
• 132 Record of visits  

Division 8--Conduct of investigations, investigatory powers and related matters

• 132AA Application of Division and references  
• 132A Definitions  
• 132B Appointment of authorised officers  
• 132C Identification of authorised officers  
• 132D Production of identification  
• 132E Visit and inspection of premises  
• 132F Powers during visit and inspection  
• 132G Provisions relating to interviews  
• 132H Search warrants  
• 132I Obligations of person executing a warrant on entry  
• 132J Offence to hinder or obstruct person exercising a power under this Subdivision  
• 132K Requirement to give assistance  
• 132L Principles applying to all investigations  
• 132M Assistance to be provided  
• 132N Requirements if there is no hearing  
• 132O Requirements if there is a hearing  
• 132P Investigation hearing notice  
• 132Q Offence to fail to comply with investigation hearing notice  
• 132R Variation or revocation of investigation hearing notice  
• 132S Power to take evidence on oath or affirmation  
• 132T Powers in relation to documents and things  
• 132U Compellability of Commissioner or member of staff  
• 132V Protection of participants in investigations  
• 132W Disclosures made in good faith  
• 132X Protection against self-incrimination  
• 132Y Legal professional privilege and client legal privilege  
• 132Z False statements  
• 132ZA Person not to be penalised for making a complaint, providing information  
• 132ZB Commissioner may give information to other persons or bodies  
• 132ZC Offence to disclose or make a record of information  

Division 9--General issues applying to investigations

• 132ZCA Application of Division and references  
• 132ZD Definition  
• 132ZE Reporting on investigations  
• 132ZF Adverse comment on or opinion of service provider in report  
• 132ZG Giving a report to Parliament  
• 132ZH Avoiding unnecessary duplication  

PART 6A--APPOINTMENT OF AUTHORISED PROGRAM OFFICERS

• 132ZI Disability service provider or registered NDIS provider to appoint Authorised Program Officer  
• 132ZJ Disability service provider or registered NDIS provider to seek approval from Senior Practitioner for appointment of Authorised Program Officer  
• 132ZK Revocation of approval  
• 132ZL Senior Practitioner to notify Secretary or NDIS Commissioner  
• 132ZM Senior Practitioner to notify disability service provider or registered NDIS provider before refusal or revocation  
• 132ZN Application for review of appointment decision  
• 132ZO Senior Practitioner may issue directions  

PART 7--USE OF RESTRICTIVE PRACTICES

• 133 Purpose and application of Part  

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

• 134 Authorised Program Officers  
• 135 Use of regulated restrictive practice only permitted after authorisation and approval given  
• 136 Authorisation for use of regulated restrictive practices  
• 137 Use of regulated restrictive practice permitted in certain circumstances—disability service provider  
• 138 Behaviour support plan to be prepared and include use of regulated restrictive practice—disability service providers  
• 139 Review of behaviour support plan—disability service providers  
• 140 Independent person  
• 141 Powers of Public Advocate  
• 142 Information to be provided  
• 143 Approval by Senior Practitioner to use certain regulated restrictive practices  
• 144 Review by VCAT  
• 145 Authorisation for use of regulated restrictive practices in emergencies  
• 146 Directions and other requirements of Senior Practitioner  
• 147 Reporting emergency use of regulated restrictive practices—disability service providers  
• 148 Reporting use of regulated restrictive practices—disability service providers  
• 149 Offences  

PART 8--COMPULSORY TREATMENT

Division 1AA--Preliminary

• 150A Restrictions on liberty or freedom of movement  

Division 1--Residential treatment facilities

• 151 Proclamation of residential treatment facility  
• 152 Admission to a residential treatment facility  
• 153 Authorised Program Officer must prepare treatment plan  

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

• 154 Annual review of treatment plan  
• 155 Application for review of treatment plan  
• 156 Leave of absence  
• 157 Special leave  
• 158 Suspension of leave of absence or special leave  
• 159 Security conditions  
• 159A Secretary to approve certain security conditions  
• 160 Apprehension of resident absent without leave  
• 161 Transfer of resident to another residential treatment facility  

Division 2--Provisions applying to RTO residents

• 162 Extended leave  
• 163 Appeals regarding extended leave  
• 164 Suspension and revocation of extended leave  
• 165 Appeals regarding revocation of extended leave  

Division 3--Provisions applying to security residents

• 166 Transfer of person with an intellectual disability from a prison  
• 167 Preparation of treatment plan  

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

• 168 Annual review of security order and treatment plan  
• 169 Application for review of treatment plan  
• 175 Termination of a security order  
• 176 Death of security resident  
• 177 Request for transfer to prison  
• 179 Notice of transfer of security resident to another residential treatment facility  

Division 4--Provisions applying to forensic residents

• 180 Transfer of persons detained in prison under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997  

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

• 181 Status of forensic residents  
• 182 Leave of absence for forensic resident  

Division 5--Supervised treatment orders for implementation by disability service providers or registered NDIS providers

• 183 Purpose of Division  
• 184 Certain disability service providers not required to comply with Division  
• 185 Provision of services to persons subject to supervised treatment order  
• 186 Authorised Program Officers  
• 187 Senior Practitioner may approve accommodation for supervised treatment  
• 188 Senior Practitioner must notify Public Advocate of approved accommodation  
• 189 Treatment plans  

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.

• 190 Authorised Program Officer must give treatment plan to person  
• 191 Application for supervised treatment order  
• 191A Information to be included in application for supervised treatment order  
• 191B Senior Practitioner must notify NDIS Commissioner if certificate issued  
• 191C Notification of application and parties to proceeding  
• 192 Authorised Program Officer may request interim supervised treatment order  
• 193 Supervised treatment order for persons with a disability and NDIS participants  
• 194 Application by the Public Advocate  
• 194A Responsibilities of Authorised Program Officers for primary service providers  
• 194B Responsibilities of disability service providers and registered NDIS providers  
• 194C Authorised Program Officer responsible for implementing treatment plan  
• 195 Supervision of supervised treatment order  
• 196 Application for review, variation or revocation  
• 196A Process concerning expiry of supervised treatment order  
• 196B Senior Practitioner to notify NDIS Commissioner about certain matters  
• 197 Application for rehearing  
• 198 Rehearing  
• 199 Senior Practitioner may make assessment order  
• 199A Application for review of assessment order  
• 199B Senior Practitioner to notify NDIS Commissioner about assessment orders  
• 200 Supervised treatment order to prevail over guardianship order  
• 201 Apprehension of person subject to a supervised treatment order absent without approval  

Division 6--Use of restrictive practices in implementing treatment plans

• 201A Purpose and application of Division  
• 201B Use of restrictive practices  
• 201C Authorised Program Officers  
• 201D Use of regulated restrictive practices  
• 201E Use of regulated restrictive practices must be included in treatment plan  
• 201F Reports  
• 201G Offence  
• 201H Senior Practitioner may issue guidelines and standards and give directions  
• 201I Senior Practitioner may lodge evidence regarding use of regulated restrictive practices  

PART 8A--USE AND DISCLOSURE OF INFORMATION

• 202AA Definitions  
• 202AB Disclosure, use or transfer of protected information  
• 202AC Use, transfer or disclosure of information relating to disability services or disability service providers  
• 202AD Disclosure of information about worker screening  
• 202AE Application of Part  

PART 9--GENERAL PROVISIONS

• 202 False and misleading statements  
• 203 Defacing documents  
• 204 Delegation  
• 205 Provision of staff services  
• 206 Special powers of Secretary  
• 207 Appointment of authorised officers  
• 208 Identity cards  
• 209 Production of identity card  
• 210 Powers of authorised officers  
• 211 Offence to give false or misleading information  
• 212 Offence to hinder or obstruct authorised officer  
• 213 Offence to impersonate authorised officer  
• 214 Protection against self-incrimination  
• 215 Legal professional privilege or client legal privilege  
• 217 Persons who are liable for offences  
• 218 Power to bring proceedings  
• 219 Evidentiary  
• 220 Recapture of person  
• 221 Regulations  

PART 10--MISCELLANEOUS

Division 1--Savings and transitional

• 222 Repeals and Savings  
• 225 Transitional regulations  
• 225A Order specifying land, leases, licences and interests in land to be transferred to Secretary  
• 225B Vesting of land, leases, licences and interests in land in the Secretary  
• 225C Action by Registrar of Titles  
• 225D Taxes  
• 225E Land etc. vests subject to encumbrances  
• 226 Community visitors  
• 227 Behaviour support plans  
• 230 Group homes  

Division 2--Transitional provisions--Disability Amendment Act 2017

• 232 Definitions  
• 233 Pre-existing complaints  
• 234 Information provisions  

Division 3--Transitional provisions--Serious Offenders Act 2018

• 235 Saving of orders continued in effect after commencement by Serious Offenders Act 2018  

Division 4--Transitional provisions--Disability (National Disability Insurance Scheme Transition) Amendment Act 2019

• 236 Declaration of residential service as a group home  
• 237 Behaviour support plans taken to be NDIS behaviour support plans  
• 238 Matters concerning persons subject to supervised treatment orders on becoming NDIS participants  
• 239 Supervised treatment orders  
• 240 Assessment orders  
• 242 Long Term Residential Program taken to be residential treatment facility  

Division 5--Transitional provisions--Worker Screening Act 2020

• 243 Definition  
• 244 Transfer of information to Secretary to the Department of Justice and Community Safety  
• 245 Continuation of safety screening requirements for notifications about persons providing services to NDIS participants  

Division 6--Transitional provisions--Disability and Social Services Regulation Amendment Act 2023

• 246 Definition  
• 247 Authorised Program Officers  
• 248 Decisions as to disability  
• 249 Approval of accommodation  
• 250 Pending applications and requests  
• 251 Supervised treatment orders  
• 252 Treatment plans  
• 253 Guidelines, directions and standards  
• 254 Offences  
• 255 Regulated restrictive practices  
• 256 Behaviour support plans  
• 257 Public Advocate reports  
• 258 Security conditions  
• 259 Residential statements  
• 260 Regulations dealing with transitional matters  
• 261 Disability and Social Services Regulation Amendment Act 2023—use and disclosure of information  
ENDNOTES
• SCHEDULE 2