DISABILITY ACT 2006 - SECT 61A Termination of residency in residential service

DISABILITY ACT 2006 - SECT 61A

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

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

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

        (c)     if the person has moved to another premises;

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

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

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

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

        (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).

S. 61B inserted by No. 9/2023 s. 33.