Version No. 013
Disability Services Act 1991
Act No. 80/1991
Version incorporating amendments as at 10 April 2002
TABLE OF PROVISIONS
Section
Page
PART 1—PRELIMINARY
1.
2.
3.
1
Purposes
Commencement
Definitions
1
1
1
PART 2—FUNDING
4.
5.
6.
5
Persons eligible for funding
Terms and conditions
Delegation
5
6
6
PART 3—COMMUNITY VISITORS
7.
8.
9.
10.
11.
12.
Functions of community visitors with respect to residential
service providers
Visiting a residential service provider
Powers of inspection
Request to see a panel of community visitors
Record of visits
Secrecy provision
__________________
7
7
7
8
9
9
9
SCHEDULES
11
SCHEDULE 1—Objects
11
SCHEDULE 2—Principles
12
SCHEDULE 3—Objectives
13
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i
Section
Page
ENDNOTES
15
1. General Information
15
2. Table of Amendments
16
3. Explanatory Details
17
ii
Version No. 013
Disability Services Act 1991
Act No. 80/1991
Version incorporating amendments as at 10 April 2002
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purposes
Pt 1
(Heading)
inserted by
No. 19/2000
s. 4(1).
The purposes of this Act are—
(a) to set out principles to be furthered with
respect to persons with disabilities and
objectives for providers of services and
researchers; and
(b) to make various provisions about the funding
for disability services.
2. Commencement
This Act comes into operation on a day or days to
be proclaimed.
3. Definitions
In this Act—
"community visitor" means a person appointed
or deemed to be a community visitor under
Division 5 of Part 5 of the Intellectually
Disabled Persons' Services Act 1986;
1
S. 3 def. of
"community
visitor"
inserted by
No. 19/2000
s. 5.
Disability Services Act 1991
Act No. 80/1991
Part 1—Preliminary
s. 3
"disability" in respect of a person, means a
disability—
(a) which is attributable to an intellectual,
psychiatric, sensory or physical
impairment or a combination of those
impairments; and
(b) which is permanent or likely to be
permanent; and
(c) which results in—
(i) a substantially reduced capacity of
the person for communication,
learning or mobility; and
(ii) the need for continuing support
services; and
(d) which may or may not be of a chronic
episodic nature;
S. 3 def. of
"Minister for
Community
Services"
amended as
"Minister" by
No. 46/1998
s. 7(Sch. 1).
"Minister" means the Minister for the time being
having responsibility for administering the
Community Services Act 1970;
"Minister for Health" means the Minister for the
time being having responsibility for
administering the Health Services Act 1988
and the Mental Health Act 1986;
S. 3 def. of
"organisation
" amended by
No. 46/1998
s. 7(Sch. 1).
"organisation" means—
(a) a body corporate; or
(b) a local governing body established by
or under a law of the State; or
(c) a post-secondary education institution
within the meaning of the PostSecondary Education Act 1978; or
2
Disability Services Act 1991
Act No. 80/1991
Part 1—Preliminary
s. 3
(d) a State Government agency; or
(e) any other society, association or body
approved by the Minister or the
Minister for Health;
"provider of services" means an organisation or
a person that provides services to persons
with disabilities;
"region" has the same meaning as in the Health
Services Act 1988;
S. 3 def. of
"region"
inserted by
No. 19/2000
s. 5,
amended by
No. 51/2001
s. 3 (as
amended by
No. 7/2002
s. 49(1)(c)).
"research and development activities" means—
S. 3 def. of
"research and
development
activities"
amended by
No. 46/1998
s. 7(Sch. 1).
(a) research with respect to the provision of
services for persons with disabilities; or
(b) investigation of the need for services
for persons with disabilities; or
(c) the initiation of services for persons
with disabilities; or
(d) the planning of the provision of
services for persons with disabilities; or
(e) the development of proposals for the
provision of services for persons with
disabilities; or
(f) the development or implementation of
training programs for—
(i) persons engaged in the provision
of services; or
(ii) the families of, and other persons
who provide care for or assistance
to, persons with disabilities; or
3
Disability Services Act 1991
Act No. 80/1991
Part 1—Preliminary
s. 3
(g) the investigation of outcomes achieved
by persons with disabilities by the
provision of services; or
(h) any other activities approved by the
Minister or the Minister for Health for
the purposes of this definition;
"researcher" means an organisation or person
conducting research and development
activities;
S. 3 def. of
"residential
service
provider"
inserted by
No. 19/2000
s. 5.
"residential service provider" means a person or
body who has received funding under
section 4 for the purpose of providing
residential services to persons with
disabilities;
S. 3 def. of
"senior staff
member"
inserted by
No. 19/2000
s. 5.
"senior staff member" means a person appointed
by a residential service provider to carry out
the functions specified in this Act;
_______________
4
Disability Services Act 1991
Act No. 80/1991
Part 2—Funding
s. 4
PART 2—FUNDING
Pt 2
(Heading)
inserted by
No. 19/2000
s. 4(2).
4. Persons eligible for funding
(1) The Minister for Youth and Community Services
or the Minister for Health, as the case requires,
may approve funding, out of the moneys that have
been provided for the purpose, to providers of
services, researchers or persons with a disability.
S. 4(1)
amended by
Nos 72/1997
s. 18(1),
46/1998
s. 7(Sch. 1).
(2) Providers of services or researchers in respect of
whom funding is approved must be—
(a) providing services or conducting research
and development in a manner which furthers
the principles set out in Schedule Two; and
(b) furthering the objectives set out in Schedule
Three.
(3) The Minister for Youth and Community Services
or the Minister for Health, as the case requires,
must have regard to furthering the objects set out
in Schedule One when approving funding under
sub-section (1).
S. 4(3)
amended by
No. 46/1998
s. 7(Sch. 1).
(4) An approval of funding may apply in all or any of
the following ways—
S. 4(4)
inserted by
No. 72/1997
s. 18(2).
(a) to any specified provider of services,
researcher or person with a disability or any
class of those organisations or persons;
(b) in respect of the provision of any specified
services to persons with a disability or any
class of those services;
(c) in respect of the conduct of any specified
research and development activities or any
class of those activities;
5
Disability Services Act 1991
Act No. 80/1991
Part 2—Funding
s. 5
(d) for the payment for the provision of specified
services to a person with a disability or a
class of persons with a disability in the
circumstances or for the period specified in
the approval;
5. Terms and conditions
(1) Where the Minister decides to approve funding to
the provider of a service or a researcher, the
Minister may require the provider or researcher to
enter into an agreement about the terms and
conditions with which the provider or researcher
must comply while receiving the funding.
(2) An agreement must be in writing and signed by
both parties.
(3) The terms and conditions of the agreement may
include the outcomes to be achieved by persons
with disabilities and the rights of persons being
provided with services by that provider or persons
who are the subject of research programs of that
researcher.
S. 6
amended by
Nos 72/1997
s. 19, 46/1998
s. 7(Sch. 1).
6. Delegation
The Minister or the Minister for Health may by
instrument in writing delegate any of his or her
powers under this Act, other than this power of
delegation, to the Department Head within the
meaning of the Public Sector Management and
Employment Act 1998 of the Department of
Human Services or any other person or class of
persons employed in the Department or to any
other employee in the public service, as the case
requires.
_______________
6
Disability Services Act 1991
Act No. 80/1991
Part 3—Community Visitors
s. 7
PART 3—COMMUNITY VISITORS
7. Functions of community visitors with respect to
residential service providers
In respect of a residential service provider, the
functions of a community visitor are, if the
provider is within the region for which the visitor
is appointed, to visit the provider and inquire
into—
Pt 3
(Heading and
ss 7–11)
inserted by
No. 19/2000
s. 6.
S. 7
inserted by
No. 19/2000
s. 6.
(a) the appropriateness and standard of facilities
for the accommodation, physical well-being
and welfare of residents; and
(b) the adequacy of opportunities and facilities
for the recreation, occupation, education and
training of residents; and
(c) whether services are being provided in
accordance with the principles specified in
Schedule 2; and
(d) any complaint made to a community visitor
by a resident.
8. Visiting a residential service provider
(1) A community visitor or a panel of community
visitors may visit a residential service provider
with or without any previous notice at such times
and for such periods as the community visitor or
panel thinks fit.
(2) The Minister may direct a community visitor or a
panel of community visitors to visit a residential
service provider at such times as the Minister
directs.
7
S. 8
inserted by
No. 19/2000
s. 6.
Disability Services Act 1991
Act No. 80/1991
Part 3—Community Visitors
s. 9
S. 9
inserted by
No. 19/2000
s. 6.
9. Powers of inspection
(1) A community visitor is entitled, when visiting a
residential service provider, to—
(a) inspect any part of the premises; and
(b) see any resident; and
(c) make enquiries relating to the admission and
care of residents; and
(d) inspect any document relating to any resident
and any records required to be kept by or
under this Act.
(2) Where a community visitor wishes to perform or
exercise or is performing or exercising any power,
duty or function under this Act, the senior staff
member of the residential service provider must
provide the community visitor with such
reasonable assistance as the community visitor
requires to perform or exercise that power, duty or
function effectively.
(3) Any member of the staff or management of a
residential service provider, who—
(a) unreasonably refuses or neglects to render
assistance when required to do so under subsection (2); or
(b) does not give full and true answers to the
best of that person's knowledge to any
questions asked by a community visitor in
the performance or exercise of any power,
duty or function under this Act; or
(c) assaults, obstructs, hinders, threatens,
intimidates or attempts to obstruct or
intimidate a community visitor visiting a
residential service provider—
is guilty of an offence against this Act and liable
to a penalty of not more than 25 penalty units.
8
Disability Services Act 1991
Act No. 80/1991
Part 3—Community Visitors
s. 10
10. Request to see a panel of community visitors
(1) Any resident in a residential service provider, or
any person on behalf of the resident, may request
the senior staff member to arrange for the resident
to be seen by a community visitor.
S. 10
inserted by
No. 19/2000
s. 6.
(2) The senior staff member must within 7 days of
receiving a request under sub-section (1) advise
one of the community visitors for the region that a
request has been made.
Penalty: 2 penalty units.
(3) After seeing a resident requesting to be seen, the
community visitor may submit a report to the
Secretary containing such recommendations as he
or she considers appropriate.
11. Record of visits
(1) The senior staff member must keep a record in the
prescribed form of visits by community visitors.
S. 11
inserted by
No. 19/2000
s. 6.
Penalty: 2 penalty units.
(2) In this section, "prescribed form" means a form
to the same effect as the form prescribed for the
purposes of section 59 of the Intellectually
Disabled Persons' Services Act 1986.
12. Secrecy provision
(1) Unless sub-section (2) applies, a person who is or
has been, at any time, a community visitor must
not, either directly or indirectly—
(a) make a record of; or
(b) divulge or communicate to any person; or
(c) make use of—
any information, that is or was acquired by the
person because the person is or was appointed as a
community visitor, for any purpose, except to the
extent necessary for the person—
9
S. 12
inserted by
No. 51/2001
s. 4 (as
amended by
No. 7/2002
s. 49(1)(d)(e)).
Disability Services Act 1991
Act No. 80/1991
Part 3—Community Visitors
s. 12
(d) to perform any official duties; or
(e) to perform or exercise any function or power
under this Act.
Penalty: 50 penalty units.
(2) Sub-section (1) does not prevent a person from—
(a) producing a document to a court in the
course of criminal proceedings or in the
course of any proceedings under this Act; or
(b) divulging or communicating to a court, in the
course of any proceedings referred to in
paragraph (a), any matter or thing coming
under the notice of the person in the
performance of official duties or in the
performance of a function or in the exercise
of a power referred to in sub-section (1); or
(c) producing a document or divulging or
communicating information that is required
or permitted by any Act to be produced,
divulged or communicated, as the case may
be, if, where the document or information
relates to the personal affairs of another
person, that other person has given consent
in writing.
__________________
10
Disability Services Act 1991
Act No. 80/1991
Sch. 1
SCHEDULES
SCHEDULE ONE
OBJECTS
The objects to the furthering of which the Minister for Health or Minister
must have regard are—
(a)
to ensure that persons with disabilities receive the services
necessary to enable them to achieve their maximum potential as
members of the community;
(b)
to ensure that services provided to persons with disabilities—
(i)
further the integration of persons with disabilities in the
community, and complement services available generally to
persons in the community;
(ii)
enable persons with disabilities to achieve positive
outcomes, such as increased independence, employment
opportunities and integration in the community; and
(iii)
are provided in ways that promote in the community a
positive image of persons with disabilities and enhance their
self-esteem;
(c)
to ensure that the outcomes achieved by persons with disabilities by
the provision of services for them are taken into account;
(d)
to encourage innovation in the provision of services for persons
with disabilities.
_______________
11
Sch. 1
amended by
No. 46/1998
s. 7(Sch. 1).
Disability Services Act 1991
Act No. 80/1991
Sch. 2
SCHEDULE TWO
PRINCIPLES
The principles which are to be furthered with respect to persons with
disabilities are that—
(a)
persons with disabilities are individuals who have the inherent right
to respect for their human worth and dignity; and
(b)
persons with disabilities, whatever the origin, nature, type and
degree of disability, have the same basic human rights as other
members of Australian society; and
(c)
persons with disabilities have the same rights as other members of
Australian society to realise their individual capacities for physical,
social, emotional and intellectual development; and
(d)
persons with disabilities have the same right as other members of
Australian society to services which will support their attaining a
reasonable quality of life; and
(e)
persons with disabilities have the same right as other members of
Australian society to participate in decisions which affect their
lives; and
(f)
persons with disabilities receiving services have the same right as
other members of Australian society to receive those services in a
manner which results in the least restriction of their rights and
opportunities; and
(g)
persons with disabilities have the same right of pursuit of any
grievance in relation to services as have other members of
Australian society.
_______________
12
Disability Services Act 1991
Act No. 80/1991
Sch. 3
SCHEDULE THREE
OBJECTIVES
The objectives for providers of services or researchers are that—
(a)
the services should have as their focus, the achievement of positive
outcomes for people with disabilities, such as increased
independence, employment opportunities and integration into the
community; and
(b)
the services should contribute to ensuring that the conditions of the
every-day life of people with disabilities are the same as, or as
close as possible to, norms and patterns which are valued in the
general community; and
(c)
the services should be provided as part of local co-ordinated service
systems and be integrated with services generally available to
members of the community, wherever possible; and
(d)
the services should be tailored to meet the individual needs and
goals of the people with disabilities receiving those services; and
(e)
the program or the services should be designed and administered so
as to meet the needs of people with disabilities who experience a
double disadvantage as a result of their gender, ethnic origin, or
Aboriginality; and
(f)
the program or the services should be designed and administered so
as to promote recognition of the competence of, and enhance the
image of, people with disabilities; and
(g)
the program or the services should be designed and administered so
as to promote the participation of people with disabilities in the life
of the local community through maximum physical and social
integration in that community; and
(h)
the program or the services should be designed and administered so
as to ensure that no single organisation providing services exercises
control over all or most aspects of the life of a person with
disabilities; and
(i)
the organisations or persons providing services to persons with
disabilities, whether those services are provided specifically to
persons with disabilities or generally to members of the
community, should be accountable to those persons with
disabilities who use their services, advocates of those persons, the
State and the community generally for the provision of information
from which the quality of their services can be judged; and
13
Disability Services Act 1991
Act No. 80/1991
Sch. 3
(j)
the program or the services should be designed and administered so
as to provide opportunities for people with disabilities to reach
goals and enjoy lifestyles which are valued by the community
generally and are appropriate to their chronological age; and
(k)
the services should be designed and administered so as to ensure
that persons with disabilities have access to advocacy support
where necessary to ensure adequate participation in decisionmaking about the services they receive; and
(l)
the program or the services should be designed and administered so
as to ensure that appropriate avenues exist for people with
disabilities to raise and have resolved any grievances about
services; and
(m)
the program or the services should be designed and administered so
as to provide people with disabilities with, and encourage them to
make use of, avenues for participating in the planning and
operation of services which they receive and the State and
organisations should provide opportunities for consultation in
relation to the development of major policy and program changes;
and
(n)
the program or the services should be designed and administered so
as to respect the rights of people with disabilities to privacy and
confidentiality; and
(o)
the activities of the provider of services which relate to persons
with disabilities should be conducted in accordance with the
Principles set out in Schedule Two.
═══════════════
14
Disability Services Act 1991
Act No. 80/1991
Endnotes
ENDNOTES
1. General Information
Minister's second reading speech—
Legislative Assembly: 8 May 1991
Legislative Council: 17 September 1991
The long title for the Bill for this Act was "A Bill about the provision of
services for persons with disabilities and other matters related to persons with
disabilities.".
The Disability Services Act 1991 was assented to on 3 December 1991 and
came into operation on 19 December 1991: Government Gazette
18 December 1991 page 3486
15
Disability Services Act 1991
Act No. 80/1991
Endnotes
2. Table of Amendments
This Version incorporates amendments made to the Disability Services Act
1991 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Disability Services and Other Acts (Amendment) Act 1997, No. 72/1997
Assent Date:
25.11.97
Commencement Date:
Ss 18, 19 on 25.11.97: s. 2(1)
Current State:
This information relates only to the provision/s
amending the Disability Services Act 1991
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
Assent Date:
26.5.98
Commencement Date:
S. 7(Sch. 1) on 1.7.98: s. 2(2)
Current State:
This information relates only to the provision/s
amending the Disability Services Act 1991
Disability Services (Amendment) Act 2000, No. 19/2000
Assent Date:
16.5.00
Commencement Date:
Ss 4–6 on 1.7.01: s. 2(3)
Current State:
This information relates only to the provision/s
amending the Disability Services Act 1991
Community Visitors Legislation (Miscellaneous Amendments) Act 2001,
No. 51/2001 (as amended by No. 7/2002)1
Assent Date:
25.9.01
Commencement Date:
Ss 3, 4 on 1.2.02: s. 2(2)
Current State:
This information relates only to the provision/s
amending the Disability Services Act 1991
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
16
Disability Services Act 1991
Act No. 80/1991
Endnotes
3. Explanatory Details
1
Table of Amendments (Community Visitors Legislation (Miscellaneous
Amendments) Act 2001): Section 2(3) of the Community Visitors
Legislation (Miscellaneous Amendments) Act 2001, No. 51/2001 reads as
follows:
S. 2(3) inserted by No. 7/2002 s. 49(2).
2. Commencement
(3) This Act is deemed to have been enacted as
amended by section 49 of the Forensic Health
Legislation (Amendment) Act 2002.
17