Disability (National Disability Insurance Scheme …...12 Death of security resident 6 13 Request for transfer to prison 6 14 Notice of transfer of security resident to another residential

PARLIAMENT OF VICTORIA

591022B.I-30/5/2019 BILL LA INTRODUCTION 30/5/2019 i

Disability (National Disability Insurance Scheme Transition) Amendment Bill 2019

TABLE OF PROVISIONS Clause Page

Part 1—Preliminary 1 1 Purposes 1 2 Commencement 3

Part 2—Amendment of the Disability Act 2006 4

Division 1—National Disability Insurance Scheme stage 1 amendments 4

3 Principal Act 4 4 Definitions 4 5 Secretary's powers in relation to land 4 6 Committee of management 4 7 Record of dealings 5 8 Constitution of the Disability Services Board 5 9 Admission to a residential treatment facility 5 10 Transfer of person with an intellectual disability from a prison 5 11 Termination of a security order 6 12 Death of security resident 6 13 Request for transfer to prison 6 14 Notice of transfer of security resident to another residential

treatment facility or residential institution 6 15 Transfer of persons detained in prison under the Crimes

(Mental Impairment and Unfitness to be Tried) Act 1997 6 16 Provision of staff services 6 17 Repeal of spent provisions 6

Division 2—National Disability Insurance Scheme stage 2 amendments 7

18 Purpose 7 19 Definitions 7 20 Objectives of Act 12 21 Principles 12 22 Provision of advice, notification or information under this Act 13 23 Role and functions of the Secretary 14 24 Functions of the Disability Services Commissioner 15

Clause Page

ii 591022B.I-30/5/2019 BILL LA INTRODUCTION 30/5/2019

25 Powers of the Disability Services Commissioner 15 26 Annual report 15 27 The Senior Practitioner 16 28 Functions of the Senior Practitioner 16 29 Power of Senior Practitioner to delegate 17 30 Special powers of the Senior Practitioner 17 31 Functions of a community visitor 20 32 New section 30A inserted 20 33 Matter may be referred 24 34 Reports by community visitors and secrecy provision 24 35 Information systems and disclosure, use and transfer of

information 25 36 New section 39A inserted 28 37 Registration 31 38 Revocation of registration 31 39 Section 44 substituted 32 40 Application for review 33 41 Certain persons or bodies deemed or may be deemed to be

registered as disability service providers 33 42 New section 48A inserted 34 43 New section 103A inserted 35 44 New section 106AA inserted 35 45 Application of Division 6 of Part 6 36 46 References to service provider 37 47 What matters can be the subject of a complaint? 37 48 New section 127 inserted 37 49 Commissioner initiated investigations 39 50 New section 128GA inserted 39 51 Referral investigations 40 52 New section 128NA inserted 41 53 Visiting of residential service 42 54 Powers of inspection 43 55 New section 130A inserted 45 56 Request to see a community visitor 46 57 New section 131A inserted 46 58 Record of visits 48 59 New section 132AA inserted 49 60 Visit and inspection of premises 50 61 Powers during visit and inspection 50 62 Assistance to be provided 50 63 New section 132ZCA inserted 50 64 New Parts 6A and 6B inserted 52 65 Part 7 heading substituted 71 66 Purpose and application of Part 72 67 Section 134 amended 73 68 Approval to use restrictive interventions 73 69 Revocation of approval 73

Clause Page

iii 591022B.I-30/5/2019 BILL LA INTRODUCTION 30/5/2019

70 Notice before refusal or revocation 74 71 Application for review 74 72 Authorised Program Officers 74 73 New section 139A inserted 74 74 Use of restraint and seclusion 75 75 Use of restraint and seclusion must be included in behaviour

support plan 75 76 Review of behaviour support plan by disability service

provider 76 77 Independent person 76 78 Powers of Public Advocate 77 79 Requirements for the use of restraint and seclusion 78 80 New section 145A inserted 80 81 Review by VCAT 82 82 Use of restraint or seclusion in an emergency 84 83 New section 147A inserted 85 84 Reports 86 85 Section 149 substituted 87 86 Use of other restrictive interventions 87 87 Authorised Program Officer must prepare treatment plan 88 88 Preparation of treatment plan 88 89 Transfer of persons detained in prison under the Crimes

(Mental Impairment and Unfitness to be Tried) Act 1997 89 90 Heading to Division 5 of Part 8 amended 89 91 Purpose of Division 89 92 New section 184 inserted 89 93 Heading to section 185 amended 90 94 Approval to use supervised treatment 90 95 Heading to section 187 amended 90 96 Heading to section 188 amended 91 97 Heading to section 189 amended 91 98 Heading to section 190 amended 91 99 New section 190A inserted 91 100 Application for a supervised treatment order 91 101 Heading to section 192 substituted 94 102 Supervised treatment order 94 103 Supervision of supervised treatment order 95 104 Application for review, variation or revocation 98 105 Application for determination regarding expiry of supervised

treatment order 100 106 New section 196B inserted 100 107 Senior Practitioner may make assessment order 101 108 New section 199B inserted 101 109 Apprehension of person subject to a supervised treatment

order absent without approval 101 110 Heading to Division 6 of Part 8 substituted 102 111 Purpose and application of Division 102

Clause Page

iv 591022B.I-30/5/2019 BILL LA INTRODUCTION 30/5/2019

112 Use of restrictive interventions 104 113 Authorised Program Officers 105 114 Use of restraint and seclusion 105 115 Use of restraint and seclusion must be included in treatment

plan 106 116 Reports 106 117 New section 201FA inserted 107 118 Offence 107 119 Use of other restrictive interventions 108 120 New section 201I inserted 108 121 New Division 7 of Part 8 inserted 110 122 False and misleading statements 115 123 Delegation 115 124 Evidentiary 115 125 New Division 4 of Part 10 inserted 116

Division 3—Other miscellaneous amendments 122

Subdivision 1—Residential institution amendments 122 126 Definitions 122 127 Persons with an intellectual disability 123 128 Planning for persons with an intellectual disability 123 129 Division 3 of Part 5 repealed 123 130 Visiting of residential service 123 131 Security conditions 123 132 Apprehension of resident absent without leave 123 133 Transfer of resident to another residential treatment facility or

a residential institution 123 134 Transfer of person with an intellectual disability from a prison 124 135 Preparation of treatment plan 124 136 Annual review of security order and treatment plan 124 137 Application for review of treatment plan 124 138 Sections 170 to 174 and 178 repealed 124 139 Death of security resident 124 140 Request for transfer to prison 124 141 Notice of transfer of security resident to another residential

treatment facility or residential institution 124 142 Transfer of persons detained in prison under the Crimes

(Mental Impairment and Unfitness to be Tried) Act 1997 125 143 Status of forensic residents 125 144 New section 242 inserted 125

Subdivision 2—SDA related amendments 126 145 Definitions 126

Clause Page

v 591022B.I-30/5/2019 BILL LA INTRODUCTION 30/5/2019

Subdivision 3—Residential Tenancies Amendment Act 2018 related amendments 127

146 Amendments consequential on commencement of section 5 of Residential Tenancies Amendment Act 2018 127

Part 3—Amendment of Residential Tenancies Act 1997 128

Division 1—SDA residents—tenancy agreements 128 147 New Subdivision 2A of Division 1 of Part 6 inserted 128 148 Reduced period of notice of intention to vacate in certain

circumstances 133 149 Further functions of Director in relation to SDA enrolled

dwellings 133

Division 2—Amendment of Part 12A 134 150 Definitions—Part 12A 134 151 When does Part not apply to occupation of SDA enrolled

dwelling 134 152 Division 2 heading amended 135 153 Information statement required to be given to SDA resident 135 154 New section 498DA inserted 135 155 Explaining notices or information given to SDA residents

under this Part 137 156 New section 498EA inserted 137 157 Agreement for provision of SDA enrolled dwelling 140 158 Working with SDA resident to establish an SDA residency

agreement 140 159 Copy of SDA residency agreement to be made available to

SDA resident 140 160 SDA residency agreements to be in standard form 141 161 Harsh and unconscionable terms 141 162 New Division 3A inserted in Part 12A 141 163 Duties of SDA provider 144 164 Duties of SDA resident 146 165 Application and definition 147 166 Application to Tribunal for urgent repairs 147 167 Application to Tribunal for non-urgent repairs 148 168 What can the Tribunal order? 148 169 Entry of SDA enrolled dwelling 148 170 Grounds for entry of SDA enrolled dwelling 149 171 Manner of entry 151 172 Notice of increase in rent 151 173 Limit on payment in advance 152 174 Where and how is rent to be paid? 152 175 Receipts for rent 153 176 SDA resident's goods not to be taken for rent 153 177 Certain charges prohibited 154

Clause Page

vi 591022B.I-30/5/2019 BILL LA INTRODUCTION 30/5/2019

178 SDA provider's liability for various utility charges 154 179 SDA provider must not seek overpayment for utility charge 155 180 Definitions—compensation and compliance 155 181 Breach of duty notice 156 182 Matters which may be considered by Tribunal 157 183 Orders of Tribunal 158 184 Notice of temporary relocation 158 185 Termination of SDA residency agreement 160 186 New section 498ZWA inserted 162 187 Notice to vacate by SDA provider 162 188 Notice of intention to vacate by SDA resident 165 189 Withdrawal of notice 166 190 New section 498ZZCA inserted 166 191 Notice to vacate by mortgagee 167 192 Application for possession order by mortgagee 167 193 Order of Tribunal 168 194 New section 498ZZHA inserted 168 195 Contents of possession order 169 196 Order not to be made in certain circumstances 169 197 Section 498ZZV substituted 170 198 Reclaiming personal documents before disposal 170 199 Disposal of certain goods left behind 170 200 Section 498ZZZD substituted 171 201 Section 498ZZZE repealed 171 202 Sections 498ZZZF and 498ZZZG substituted 172 203 Section 498ZZZH repealed 173 204 Section 498ZZZM substituted 173 205 What orders can the Tribunal make? 174 206 Offence relating to entering SDA enrolled dwelling 174 207 Offence to obtain possession etc. of SDA enrolled dwelling 174 208 New section 498ZZZPA inserted 174 209 Offence to make false representation—SDA residency

agreement 175 210 Offence to persuade person not to exercise rights or take

proceedings 176 211 Offence to aid, abet, counsel or procure commission of an

offence 177 212 Certain penalties prohibited 177

Division 3—Other miscellaneous amendments 177 213 Notice of revocation of registration or enrolment 177 214 Service of documents 178

Division 4—SDA residents—residential rental agreement 178 215 New Subdivision 3A inserted in Division 9 of Part 2 178 216 Reduced period of notice of intention to vacate in certain

circumstances 183

Clause Page

vii 591022B.I-30/5/2019 BILL LA INTRODUCTION 30/5/2019

217 New section 420D inserted 184

Part 4—Amendment of other Acts 185 Division 1—Amendment of Disability Service Safeguards Act 2018 185

218 Definitions 185 219 Delegation 186 220 Establishment and constitution of the Victorian Disability

Worker Commission 186 221 Repeal of section 24 186 222 Delegation 186 223 Appointment of Victorian Disability Worker Commissioner 186 224 Duties, functions and powers of the Commissioner 186 225 New section 32A inserted 187 226 Investigation of complaints by Commission 187 227 Power of Commission to conduct a Commission initiated

investigation 187 228 Grounds on which interim prohibition order may be made 188 229 Grounds on which prohibition order may be made 188 230 Registered disability worker or disability student to give Board

notice of certain events 188 231 Board may ask registered disability worker for information 189 232 Disclosure of information to other relevant entities 189 233 NDIS worker screening check clearance 189 234 Repeal of sections 300 and 301 189 235 Section 309 substituted 190 236 Statute law revision 190

Division 2—Amendment of Residential Tenancies Amendment Act 2018 190

237 Definitions 190 238 New section 486A inserted 191 239 Repeal of sections 387 and 388 192

Division 3—Amendment of Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 192

240 Definitions 192 241 Supervision orders 192 242 Warrant to arrest person subject to custodial supervision order

who leaves Victoria 192 243 Reports on mental condition of persons declared liable to

supervision 193 244 Certificate of available services 193 245 What are the surrounds? 193 246 Transfer of persons from a participating State to Victoria 194 247 Interim disposition order 194

Clause Page

viii 591022B.I-30/5/2019 BILL LA INTRODUCTION 30/5/2019

Division 4—Amendment of Mental Health Act 2014 195 248 Definitions 195 249 Functions of the Commissioner 195 250 Referred complaints 195 251 New Division 2 inserted in Part 16A 196

Division 5—Amendment of other Acts 199 252 Child Wellbeing and Safety Act 2005 199 253 Children's Services Act 1996 200 254 Children, Youth and Families Act 2005 200 255 Commission for Children and Young People Act 2012 201 256 Corrections Act 1986 202 257 Crimes Act 1958 202 258 Criminal Procedure Act 2009 202 259 Family Violence Protection Act 2008 202 260 Gambling Regulation Act 2003 203 261 Guardianship and Administration Act 1986 203 262 Guardianship and Administration Act 2019 203 263 Health Complaints Act 2016 204 264 Health Records Act 2001 204 265 Independent Broad-based Anti-corruption Commission

Act 2011 204 266 Medical Treatment Planning and Decisions Act 2016 205 267 Ombudsman Act 1973 205 268 Public Administration Act 2004 205 269 Sentencing Act 1991 205 270 Serious Offenders Act 2018 206 271 Summary Offences Act 1966 206 272 Working with Children Act 2005 207 273 Victorian Civil and Administrative Tribunal Act 1998 207 274 Victorian Inspectorate Act 2011 207 275 Voluntary Assisted Dying Act 2017 207

Part 5—Repeal of this Act 209 276 Repeal of this Act 209

═════════════

Endnotes 210 1 General information 210

PARLIAMENT OF VICTORIA

591022B.I-30/5/2019 BILL LA INTRODUCTION 30/5/2019 1

A Bill for an Act to amend the Disability Act 2006 and the Residential Tenancies Act 1997 and to make consequential and other

amendments to other Acts to further provide for the transition to the National Disability Insurance Scheme and for other purposes.

The Parliament of Victoria enacts:

Part 1—Preliminary 1 Purposes

The main purposes of this Act are—

(a) to amend the Disability Act 2006—

(i) to provide a process by which the use 5 of regulated restrictive practices is authorised; and

Introduced in the Assembly

Disability (National Disability Insurance Scheme Transition) Amendment

Bill 2019

Part 1—Preliminary


2 591022B.I-30/5/2019 BILL LA INTRODUCTION 30/5/2019

(ii) to enable the Senior Practitioner to give directions to registered NDIS providers; and

(iii) to provide for the use, transfer and disclosure of information about 5 registered NDIS providers and NDIS participants; and

(iv) to streamline the process by which disability service providers intending to provide services under the NDIS may 10 be deregistered; and

(v) to provide further for the access and inspection rights of a community visitor in relation to NDIS dwellings; and

(vi) to repeal provisions relating to 15 residential institutions; and

(b) to amend the Residential Tenancies Act 1997—

(i) to enable an SDA resident to seek relief if the SDA resident has been coerced or 20 deceived into entering a tenancy agreement; and

(ii) to make the penalty and offence provisions in Part 12A consistent with amendments made by the Residential 25 Tenancies Amendment Act 2018; and

(iii) to provide further for regulatory oversight of SDA residency agreements by the Director of Consumer Affairs Victoria; and 30

(iv) to provide protections for persons with complex needs who require specialist disability accommodation, against eviction into homelessness; and

Part 1—Preliminary



(v) to make amendments to Part 12A generally to align further those provisions with provisions providing for tenancy agreements and residential rental agreements in the Residential 5 Tenancies Act 1997; and

(c) to make consequential and other related amendments to various other Acts.

2 Commencement (1) This Part, Division 1 of Part 2, Divisions 1 and 2 10

of Part 4 and sections 259 and 269 come into operation on the day after the day on which this Act receives the Royal Assent.

(2) Section 262(1) comes into operation on the later of— 15

(a) the day on which section 17(7) of the Guardianship and Administration Act 2019 comes into operation; or

(b) the day on which section 293 of the Disability Service Safeguards Act 2018 20 comes into operation.

(3) Subject to subsection (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(4) If a provision of this Act does not come into 25 operation before 1 July 2020, it comes into operation on that day.

Part 2—Amendment of the Disability Act 2006




Division 1—National Disability Insurance Scheme stage 1 amendments

3 Principal Act 5

In this Part, the Disability Act 2006 is called the Principal Act.

4 Definitions (1) In section 3(1) of the Principal Act, in the

definition of Department, after "of" insert 10 "Health and".

(2) Section 3(2) of the Principal Act is repealed.

5 Secretary's powers in relation to land (1) In section 10A(2) of the Principal Act, after

"Department of" insert "Health and". 15

(2) In section 10A(3) of the Principal Act, after 'Services"' insert 'or "Secretary to the Department of Health and Human Services"'.

6 Committee of management (1) In section 10B(1) of the Principal Act, after 20

"Department of" insert "Health and".

(2) In section 10B(2) of the Principal Act—

(a) for "Any" substitute "On and after the day on which section 6 of the Disability (National Disability Insurance Scheme 25 Transition) Amendment Act 2019 comes into operation, any";

(b) after "Department of" insert "Health and".




7 Record of dealings (1) In section 10C(1) and (3) of the Principal Act,

after "Department of" insert "Health and".

(2) In section 10C(2) of the Principal Act, after 'Services"' (where twice occurring) insert 'or 5 "Secretary to the Department of Health and Human Services"'.

8 Constitution of the Disability Services Board (1) In section 20(6) of the Principal Act, for "Each"

substitute "Subject to subsection (6A), each". 10

(2) After section 20(6) of the Principal Act insert—

"(6A) The term of a member's office may be extended once for a period not exceeding 3 years.".

9 Admission to a residential treatment facility 15

In section 152(4)(b) of the Principal Act, after "Justice" insert "and Community Safety".

10 Transfer of person with an intellectual disability from a prison

(1) In section 166(1) and (8) of the Principal Act, 20 after "Justice" insert "and Community Safety".

(2) In section 166(3) of the Principal Act, after "Justice" (wherever occurring) insert "and Community Safety".

(3) In section 166(4) and (6) of the Principal Act, 25 after "Justice" insert "and Community Safety".

(4) In section 166(7) of the Principal Act, after "Justice" (where twice occurring) insert "and Community Safety".




11 Termination of a security order In section 175(3) of the Principal Act, after "Justice" insert "and Community Safety".

12 Death of security resident In section 176 of the Principal Act, after "Justice" 5 insert "and Community Safety".

13 Request for transfer to prison In section 177(2) and (3) of the Principal Act, after "Justice" insert "and Community Safety".

14 Notice of transfer of security resident to another 10 residential treatment facility or residential institution

In section 179 of the Principal Act, after "Justice" insert "and Community Safety".

15 Transfer of persons detained in prison under the 15 Crimes (Mental Impairment and Unfitness to be Tried) Act 1997

In section 180(1), (2), (3), (5), (7) and (8) of the Principal Act, after "Justice" (wherever occurring) insert "and Community Safety". 20

16 Provision of staff services In section 205(1) of the Principal Act omit "providing disability services".

17 Repeal of spent provisions Sections 223, 224, 227(3), 228, 229 and 231 of the 25 Principal Act are repealed.




Division 2—National Disability Insurance Scheme stage 2 amendments

18 Purpose For section 1 of the Principal Act substitute—

"1 Purposes 5

The main purposes of this Act are—

(a) to provide a legislative scheme for persons with a disability which affirms and strengthens their rights and responsibilities and which is based on 10 the recognition this requires support across the government sector and within the community; and

(b) to provide a mechanism by which NDIS participants' rights are protected 15 in relation to the use of restrictive practices and compulsory treatment.".

19 Definitions (1) In section 3(1) of the Principal Act insert the

following definitions— 20

"former disability service provider means a person or body whose registration as a disability service provider has lapsed or has been revoked;

former regulated service provider means a person 25 or body that has ceased to be a regulated service provider;

NDIS Act means the National Disability Insurance Scheme Act 2013 of the Commonwealth; 30

NDIS behaviour support plan means a plan developed by an NDIS behaviour support practitioner for an NDIS participant;




NDIS behaviour support practitioner means a person whom the NDIS Commissioner considers is suitable to undertake behaviour support assessments and to develop NDIS behaviour support plans that may contain the 5 use of restrictive practices;

NDIS Commissioner means the Commissioner of the NDIS Quality and Safeguards Commission referred to in section 181C of the NDIS Act; 10

NDIS dwelling means—

(a) an SDA enrolled dwelling; and

(b) a short-term accommodation and assistance dwelling;

NDIS participant's guardian means— 15

(a) the NDIS participant's guardian—

(i) appointed under the Guardianship and Administration Act 1986; or

(ii) appointed by the court; or 20

(iii) if the NDIS participant is a child, the child's guardian, whether or not the natural parent of the child; or

(b) the attorney of the NDIS participant 25 appointed to be responsible for the NDIS participant's personal matters under an enduring power of attorney under the Powers of Attorney Act 2014; 30

NDIS plan means a plan (other than an NDIS behaviour support plan) for an NDIS participant that is in effect under section 37 of the NDIS Act;




NDIS provider has the same meaning as in the NDIS Act and includes registered NDIS providers;

NDIS Quality and Safeguards Commission means the NDIS Quality and Safeguards 5 Commission established under section 181A of the NDIS Act;

NDIS (Restrictive Practices and Behaviour Support) Rules means the National Disability Insurance Scheme (Restrictive 10 Practices and Behaviour Support) Rules 2018 (however titled) of the Commonwealth, as in force from time to time, under the NDIS Act;

NDIS worker screening check means the 15 assessment of whether a person who provides, or seeks to provide, services under the NDIS poses a risk to NDIS participants;

NDIS worker screening legislation means legislation of a State or Territory which gives 20 effect to the undertaking of that State or Territory in subclause 20(a) of the Intergovernmental Agreement on Nationally Consistent Worker Screening for the National Disability Insurance Scheme made 25 between the Commonwealth, the States, the Australian Capital Territory and the Northern Territory, commencing from 1 July 2018;

NDIS worker screening unit means the person or body which is responsible for conducting 30 NDIS worker screening checks for a State or Territory under its NDIS worker screening legislation;

physical restraint has the same meaning as in the NDIS (Restrictive Practices and Behaviour 35 Support) Rules;




registered NDIS provider has the same meaning as in the NDIS Act;

regulated restrictive practice has the same meaning as in the NDIS (Restrictive Practices and Behaviour Support) Rules; 5

restrictive practice means any practice or intervention that has the effect of restricting the rights or freedom of movement of a person with a disability or of an NDIS participant; 10

SDA recipient means an NDIS participant who is funded to reside in an SDA enrolled dwelling;

SDA resident's guardian means—

(a) the SDA resident's guardian— 15

(i) appointed under the Guardianship and Administration Act 1986; or

(ii) appointed by the court; or

(iii) if the SDA resident is a child, the 20 child's guardian, whether or not the natural parent of the child; or

(b) the attorney of the SDA resident appointed to be responsible for the SDA resident's personal matters under 25 an enduring power of attorney under the Powers of Attorney Act 2014;

short-term accommodation and assistance dwelling means accommodation for an NDIS participant— 30

(a) that is provided on a short-term basis and is not a private home; and




(b) at which a registered NDIS provider provides supports and living assistance to the NDIS participant;

Supported Independent Living provider means a registered NDIS provider that provides 5 supported independent living assistance;".

(2) In section 3(1) of the Principal Act—

(a) in the definition of Authorised Program Officer, after paragraph (b) insert—

"(c) in relation to a registered NDIS 10 provider, a person appointed as an Authorised Program Officer by the registered NDIS provider and whose appointment is approved by the Senior Practitioner;"; 15

(b) in the definition of detain, after "Part 8," insert "means a form of restrictive practice used on a person for the purpose of reducing the risk of violence or the significant risk of serious harm the person presents to another 20 person and";

(c) for the definition of mechanical restraint substitute—

"mechanical restraint has the same meaning as in the NDIS (Restrictive Practices 25 and Behaviour Support) Rules;";

(d) in the definition of NDIA, for "National Disability Insurance Scheme Act 2013 of the Commonwealth" substitute "NDIS Act"; 30

(e) for the definition of seclusion substitute—

"seclusion has the same meaning as in the NDIS (Restrictive Practices and Behaviour Support) Rules;";




(f) in the definition of treatment plan, after "disability" insert "or an NDIS participant".


(a) the definition of chemical restraint is repealed; 5

(b) the definition of restraint is repealed;

(c) the definition of restrictive intervention is repealed.

20 Objectives of Act (1) In section 4(g) of the Principal Act, for "services." 10

substitute "services;".

(2) After section 4(g) of the Principal Act insert—

"(h) provide a process for authorising the proper use of restrictive practices on NDIS participants; 15

(i) provide for appropriate compulsory treatment of NDIS participants.".

21 Principles (1) In section 5(2)(a) of the Principal Act, for

"respect" substitute "be given respect". 20


"(3A) Restrictive practices used on NDIS participants and the compulsory treatment of NDIS participants should be provided in a manner that— 25

(a) respects the privacy and dignity of NDIS participants; and

(b) promotes the upholding of the rights, dignity, wellbeing and safety of NDIS participants; and 30




(c) does not—

(i) tolerate abuse, neglect or exploitation of NDIS participants; or

(ii) normalise abuse, neglect or 5 exploitation of NDIS participants.".

(3) In section 5(4) of the Principal Act, after "disability" insert "or an NDIS participant".

(4) After section 5(5) of the Principal Act insert— 10

"(6) It is the intention of Parliament that the principles specified in subsections (3A) and (4) should wherever possible be given effect to in the administration of restrictive practices and compulsory treatment by 15 registered NDIS providers.".

22 Provision of advice, notification or information under this Act


(a) after "a person with a disability" insert 20 "or an NDIS participant";

(b) after "the person with a disability" insert "or the NDIS participant".


(a) after "a person" insert "with a disability or 25 an NDIS participant";

(b) after "disability service provider" insert "or an NDIS provider, as the case requires,";

(c) after "the person" (where twice occurring) insert "with a disability or NDIS 30 participant".





(a) after "disability service provider" (where first occurring) insert "or NDIS provider, as the case requires,";

(b) in paragraph (a), after "disability" insert 5 "or NDIS participant";

(c) in paragraph (b), for "if" substitute "in the case of a person with a disability, if";

(d) in paragraph (b), for "provider." substitute "provider; or"; 10

(e) after paragraph (b) insert—

"(c) in the case of an NDIS participant, if no person is chosen under paragraph (a), to a person who the NDIS provider considers can assist the NDIS 15 participant and is not employed by, or a representative of, the NDIS provider.".

23 Role and functions of the Secretary (1) After section 8(1)(c) of the Principal Act insert—

"(ca) set requirements in relation to screening of 20 persons employed or engaged, or to be employed or engaged, by disability service providers or registered NDIS providers for the purpose of providing services to persons with a disability or NDIS participants, as the 25 case requires;".

(2) In section 8(2)(j) of the Principal Act, after "disability" insert "and NDIS participants".




24 Functions of the Disability Services Commissioner At the end of section 16 of the Principal Act insert—

"(2) The functions of the Disability Services Commissioner referred to in subsection 5 (1)(a) to (f) continue to apply in relation to a former disability service provider or former regulated service provider to the extent that Divisions 6, 6A, 6B, 6C, 8 and 9 of Part 6 apply to the former disability service 10 provider or former regulated service provider, as the case requires.".

25 Powers of the Disability Services Commissioner After section 17(1) of the Principal Act insert—

"(1A) In performing functions under this Act, the 15 Disability Services Commissioner may exercise any power referred to in subsection (1)(a), (b), (c), (d), (da) and (g) in relation to a former disability service provider or former regulated service provider to the extent that 20 Divisions 6, 6A, 6B, 6C, 8 and 9 of Part 6 apply to the former disability service provider or former regulated service provider, as the case requires.".

26 Annual report 25

After section 19(3) of the Principal Act insert—

"(3A) A reference to a service provider in subsections (2) and (3) includes a reference to a former disability service provider or a former regulated service provider, to the 30 extent that Divisions 6, 6A, 6B, 6C, 8 and 9 of Part 6 apply to the former disability service provider or former regulated service provider, as the case requires.".




27 The Senior Practitioner In section 23(2)(a) of the Principal Act, for "restrictive interventions" (where twice occurring) substitute "restrictive practices".

28 Functions of the Senior Practitioner 5

(1) In section 24(1)(a), (b) and (h) of the Principal Act, for "restrictive interventions" substitute "restrictive practices".

(2) In section 24(1)(c) of the Principal Act—

(a) after "disability" insert "and NDIS 10 participants";

(b) for "restrictive interventions" substitute "restrictive practices".

(3) In section 24(1)(g) of the Principal Act—

(a) for "restrictive interventions" substitute 15 "restrictive practices";

(b) after "providers" insert "and registered NDIS providers".

(4) For section 24(1)(d) and (e) of the Principal Act substitute— 20

"(d) to provide advice to disability service providers and registered NDIS providers to improve practice in relation to the use of restrictive practices and compulsory treatment; 25

(e) to give directions to disability service providers and registered NDIS providers about one or more of the following, as the case requires—

(i) restrictive practices; 30

(ii) compulsory treatment;




(iii) behaviour support plans;

(iv) treatment plans;".

(5) In section 24(2)(b) of the Principal Act, for "restrictive interventions" substitute "restrictive practices". 5

29 Power of Senior Practitioner to delegate In section 25(2)(a) of the Principal Act, after "disability" insert "and NDIS participants".

30 Special powers of the Senior Practitioner (1) For section 27(1)(a) of the Principal Act 10

substitute—

"(a) in respect of the use of restrictive practices or compulsory treatment by a disability service provider or a registered NDIS provider; or". 15

(2) In section 27(1)(b) of the Principal Act—

(a) for "restrictive interventions" substitute "restrictive practices";

(b) after "service" insert "or a service provided by a registered NDIS provider". 20


(a) in paragraph (a), before "visit" insert "in the case of a disability service provider,";

(b) after paragraph (a) insert—

"(ab) in the case of a registered NDIS 25 provider, visit and inspect any place (other than a place or part of a place used as a private residence that is not an NDIS dwelling) where services are provided under the NDIS;"; 30




(c) in paragraph (b)—

(i) after "(a)" insert "or (ab)";

(ii) for "restrictive intervention" substitute "restrictive practice";

(d) in paragraph (c), for 5 "restrictive interventions" substitute "restrictive practices";

(e) in paragraphs (d) and (e), for "restrictive intervention" substitute "restrictive practice"; 10

(f) for paragraph (f) substitute—

"(f) request a disability service provider or an NDIS provider, as the case requires, to provide information about any restrictive practice or compulsory 15 treatment;";

(g) in paragraph (g)—

(i) after "provider" insert "or registered NDIS provider";

(ii) for "restrictive intervention" substitute 20 "restrictive practice".

(4) In section 27(5) of the Principal Act, after "disability" insert "or the NDIS participant, as the case requires,".


"(5A) The Senior Practitioner may notify the NDIS Commissioner of any matter relating to an NDIS provider that has come to the Senior Practitioner's attention in the course of exercising a power or performing a function 30 or duty under this Act.




(5B) The Senior Practitioner may prohibit the use of restrictive practices or a specified form of restrictive practice on—

(a) persons with a disability; or

(b) NDIS participants; or 5

(c) persons belonging to a specified class of persons with a disability or NDIS participants—

by one or more of the following—

(d) disability service providers; 10

(e) registered NDIS providers;

(f) a person belonging to a specified class of disability service providers or registered NDIS providers.

(5C) Notice of a prohibition referred to in 15 subsection (5B) must be—

(a) published on the Department's internet site; and

(b) given to each applicable provider referred to in that subsection.". 20

(6) For section 27(6) of the Principal Act substitute—

"(6) On the request of the Senior Practitioner, the following persons must provide the Senior Practitioner with any reasonable assistance 25 that the Senior Practitioner requires to perform or exercise a power, duty or function under this Act—

(a) a disability service provider;

(b) a registered NDIS provider; 30

(c) a member of the staff or management of a disability service provider;




(d) a member of the staff or management of a registered NDIS provider.".

(7) In section 27(7) of the Principal Act, for "A disability service provider or member of the staff or management of a disability service 5 provider" substitute "A person referred to in subsection (6)".

31 Functions of a community visitor (1) In the heading to section 30 of the Principal Act,

after "visitor" insert "in respect of premises 10 where residential services are provided".

(2) In section 30(f) of the Principal Act, for "restrictive interventions" substitute "restrictive practices".

32 New section 30A inserted 15

After section 30 of the Principal Act insert—

"30A Functions of a community visitor in respect of NDIS dwellings

(1) The functions of a community visitor in respect of an SDA enrolled dwelling that is 20 the dwelling of an SDA resident in accordance with an SDA residency agreement are to visit the dwelling and to inquire into—

(a) the appropriateness and standard of the 25 SDA enrolled dwelling for the SDA resident; and

(b) the adequacy of opportunities for inclusion and participation by the SDA resident in the community; and 30




(c) whether the SDA enrolled dwelling is being provided in accordance with the Residential Tenancies Act 1997, the NDIS Act and any regulations, rules or instruments made under the NDIS Act; 5 and

(d) whether information is being provided to the SDA resident as required by the Residential Tenancies Act 1997, the NDIS Act and any regulations, rules or 10 instruments made under the NDIS Act; and

(e) any case of suspected abuse or neglect of the SDA resident; and

(f) the use of a restrictive practice or 15 compulsory treatment on the SDA resident; and

(g) any failure by the SDA provider to comply with this Act, the Residential Tenancies Act 1997, the NDIS Act and 20 any regulations, rules or instruments made under the NDIS Act; and

(h) any complaint made to a community visitor by the SDA resident.

(2) The functions of a community visitor in 25 respect of a short-term accommodation and assistance dwelling and support provided by a registered NDIS provider to an NDIS participant at the short-term accommodation and assistance dwelling are to visit the 30 dwelling and to inquire into—

(a) the appropriateness and standard of the short-term accommodation and assistance dwelling for the NDIS participant; and 35




(b) the adequacy of opportunities for inclusion and participation by the NDIS participant in the community; and

(c) whether the short-term accommodation and assistance dwelling is being 5 provided in accordance with the principles specified in section 4 of the NDIS Act; and

(d) whether information is being provided to the NDIS participant as required by 10 this Act, the NDIS Act and any regulations, rules or instruments made under the NDIS Act; and

(e) any case of suspected abuse or neglect of the NDIS participant; and 15

(f) the use of a restrictive practice or compulsory treatment on the NDIS participant; and

(g) any failure by the registered NDIS provider to comply with the provisions 20 of this Act, the NDIS Act and any regulations, rules or instruments made under the NDIS Act; and

(h) any complaint made to a community visitor by the NDIS participant. 25

(3) Subject to subsection (4), the functions of a community visitor in respect of an SDA enrolled dwelling let under a tenancy agreement (within the meaning of the Residential Tenancies Act 1997), are to 30 visit the dwelling and to inquire into—

(a) the appropriateness and standard of the SDA enrolled dwelling for the SDA resident; and




(b) the adequacy of opportunities for inclusion and participation by the SDA resident in the community; and

(c) whether the SDA enrolled dwelling is being provided in accordance with the 5 Residential Tenancies Act 1997, the NDIS Act and any regulations, rules or instruments made under the NDIS Act; and

(d) whether information is being provided 10 to the SDA resident as required by the Residential Tenancies Act 1997, the NDIS Act and any regulations, rules or instruments made under the NDIS Act; and 15

(e) any case of suspected abuse or neglect of the SDA resident; and

(f) the use of a restrictive practice or compulsory treatment on the SDA resident; and 20

(g) any failure by the SDA provider to comply with this Act, the Residential Tenancies Act 1997, the NDIS Act and any regulations, rules or instruments made under the NDIS Act; and 25

(h) any complaint made to the community visitor by an SDA resident.

(4) A community visitor must not perform any functions under subsection (3) unless one of the following persons has requested that a 30 community visitor visit the SDA enrolled dwelling in accordance with section 131A for the purposes of the community visitor exercising functions under subsection (3)—




(a) an SDA resident living in the SDA enrolled dwelling under a tenancy agreement (within the meaning of the Residential Tenancies Act 1997); or

(b) a person on behalf of an SDA resident 5 living in the SDA enrolled dwelling under a tenancy agreement (within the meaning of the Residential Tenancies Act 1997) with the SDA resident's consent.". 10

33 Matter may be referred In section 33 of the Principal Act—

(a) in paragraph (d), for "Ombudsman." substitute "Ombudsman;";

(b) after paragraph (d) insert— 15

"(e) the NDIS Quality and Safeguards Commission;

(f) the NDIA;

(g) the Director within the meaning of the Australian Consumer Law and Fair 20 Trading Act 2012.".

34 Reports by community visitors and secrecy provision

(1) In section 34(1) of the Principal Act, after "premises" insert "or NDIS dwellings". 25

(2) In section 36(2)(a) of the Principal Act, after "this Act" insert "or the Residential Tenancies Act 1997".




35 Information systems and disclosure, use and transfer of information

(1) For section 39(2)(b) of the Principal Act substitute—

"(b) a disability service provider; 5

(ba) a former disability service provider;

(bb) a person who is, or has been, employed or engaged by a disability service provider or former disability service provider;

(bc) a person who otherwise provides, or has 10 provided, services under this Act;".


(a) after "A person" insert "or body";

(b) for "any person any" substitute "any other person or body any"; 15

(c) for "in his or her" substitute "or body in their".


"(3A) Despite anything to the contrary in subsection (3), a person or body referred to 20 in subsection (2) may disclose information about disability services or regulated disability services provided to a person with a disability to the following—

(a) the Secretary to the department for 25 which the Minister administering the Financial Framework (Supplementary Powers) Act 1997 of the Commonwealth is responsible;

(b) the Secretary to the department for 30 which the Minister responsible for the Commonwealth Continuity of Support Programme is responsible.".





(a) in paragraph (d)—

(i) after "another person" insert "or body";

(ii) after "other person" insert "or body";

(b) in paragraph (e), after "any person" insert 5 "or body";

(c) in paragraph (l), after "person" insert "or body";

(d) in paragraph (m), for "National Disability Insurance Scheme, within the meaning of the 10 National Disability Insurance Scheme Act 2013 of the Commonwealth" substitute "NDIS";

(e) for paragraph (n) substitute—

"(n) to the Secretary to the department for 15 which the Minister administering the Financial Framework (Supplementary Powers) Act 1997 of the Commonwealth is responsible;

(o) to the Secretary to the department for 20 which the Minister responsible for the Commonwealth Continuity of Support Programme is responsible.".

(5) For section 39(6) of the Principal Act substitute— 25

"(6) Despite anything to the contrary in subsection (3), 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 30 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 5 prescribed services;

(ii) services provided by persons or bodies that are former disability service providers, former regulated service providers or 10 providers that have ceased providing prescribed services;

(b) information about the provision of disability services or regulated disability services, including 15 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 20 purpose of providing disability services or regulated disability services or services under the NDIS;

(d) information about persons who received or are receiving disability 25 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; 30

(f) information about compliance by current and former disability service providers with the relevant standards determined by the Minister under section 97; 35




(g) information about incidents reported to the Secretary arising from the provision of disability services or regulated disability services;

(h) information about complaints relating 5 to disability services or regulated disability services;

(i) information about the use of restrictive practices or compulsory treatment.".

(6) In section 39(9) of the Principal Act, after 10 "Subsections" insert "(3A),".

36 New section 39A inserted After section 39 of the Principal Act insert—

"39A Disclosure of information about worker screening 15

(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 20 accordance with an NDIS plan—

(a) the NDIS Quality and Safeguards Commission;

(b) the Disability Worker Registration Board of Victoria within the meaning 25 of the Disability Service Safeguards Act 2018;

(c) the Victorian Disability Worker Commission within the meaning of the Disability Service Safeguards 30 Act 2018;

(d) an NDIS worker screening unit;




(e) the Secretary to the Department of Justice and Community Safety, for the purpose of assessing or re-assessing an application for a working with children check within the meaning of the 5 Working with Children Act 2005;

(f) the relevant disability service provider;

(g) the relevant registered NDIS provider.

(2) For the purposes of subsection (1)—

information about worker screening means 10 one or more of the following—

(a) whether or not the person has been assessed by an NDIS worker screening unit and—

(i) has been issued an exclusion 15 by an NDIS worker screening unit; or

(ii) has had a clearance suspended or revoked by an NDIS worker screening unit; 20 or

(iii) is the subject of an interim bar in relation to an NDIS worker screening check; or

(b) whether or not the person is the 25 subject of a banning order made under section 73ZN of the NDIS Act or a prohibition order in relation to health services or disability services or other 30 services involving the care of children that is made under another Act;




(c) whether or not a complaint or notification has been made under the Disability Service Safeguards Act 2018 about the person and, if so, the details of the 5 complaint or notification and any action taken in relation to that complaint or notification under Part 8 or 9 of that Act;

(d) whether or not the person has 10 committed a prescribed offence within the meaning of the Disability Service Safeguards Act 2018;

(e) whether or not the Secretary has 15 information relating to the person's suitability to provide disability services to persons with a disability or services under the NDIS to NDIS participants and, if 20 so, that information which includes but is not limited to the following—

(i) whether or not a person has been assessed as posing an 25 unacceptable risk to persons with a disability or NDIS participants;

(ii) whether or not a notification or complaint has been made 30 about the person that is relevant to the person's suitability to provide disability services to persons with a disability or services 35 under the NDIS to NDIS participants;




(iii) details of any notification or complaint or investigation made into a notification or complaint referred to in subparagraph (ii); 5

(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 10 services under the NDIS to NDIS participants.".

37 Registration In section 41(2) of the Principal Act—

(a) after "impose" insert "at any time"; 15

(b) after "provider" insert "and may vary at any time any condition or restriction so imposed or impose a new condition or restriction".

38 Revocation of registration For section 43(1) of the Principal Act 20 substitute—

"(1) The Secretary may revoke the registration of a disability service provider if—

(a) the disability service provider has made a written application to the Secretary 25 for the registration to be revoked; or

(b) the disability service provider is a registered NDIS provider and—

(i) has not received or has ceased receiving funds for the provision 30 of disability services under this Act; or




(ii) is not a party to a contract with the Secretary under section 10 to provide services to a person with a disability; or

(c) in any other case, the Secretary 5 considers it appropriate to do so.".

39 Section 44 substituted For section 44 of the Principal Act substitute—

"44 Notice before refusal or revocation (1) The Secretary must not refuse an application 10

under section 40 or 42 unless the Secretary—

(a) has given a written notice to the person or disability service provider, as the case requires, making the application that specifies— 15

(i) the proposed decision and the reasons for the proposed decision; and

(ii) that the person or disability service provider, as the case 20 requires, may make a submission in writing within 14 days after the notice is given; and

(b) has considered any submission made by the person or disability service 25 provider.

(2) The Secretary must not revoke a registration under section 43(1)(b) or (c) unless the Secretary—

(a) has given a written notice to the 30 disability service provider that specifies—




(i) the proposed decision and the reasons for the proposed decision; and

(ii) that the disability service provider may make a submission in writing 5 within 14 days after the notice is given; and

(b) has considered any submission made by the disability service provider.

(3) If the Secretary revokes a registration under 10 section 43(1)(a) or (b), the disability service provider must give to every person to whom it provides disability services a written notice containing any information required by the Secretary.". 15

40 Application for review In section 45(1)(c) of the Principal Act, for "section 43(1)" substitute "section 43(1)(c)".

41 Certain persons or bodies deemed or may be deemed to be registered as disability service 20 providers

(1) For the heading to section 48 of the Principal Act substitute—

"Certain persons or bodies deemed to be registered or may be registered as disability 25 service providers".

(2) In section 48(2) of the Principal Act, for "until" substitute "irrespective of whether or not".

(3) For section 48(3) of the Principal Act substitute— 30

"(3) Despite anything to the contrary in section 41(1) and subject to subsection (4), the Secretary may register as a disability service provider—




(a) a person or body; or

(b) a person or body belonging to a class of persons or bodies specified in the relevant notice referred to in subsection (6). 5

(4) The Secretary may impose a condition on a registration referred to in subsection (3) that the operation of the registration is limited to those provisions of this Act that are specified in the notice referred to in subsection (5) or 10 (6), as the case requires.

(5) Before registering a person or body under subsection (3)(a), the Secretary must give written notice to the person or body of the Secretary's intention to register the person or 15 body.

(6) Before registering a person or body under subsection (3)(b), the Secretary must publish in the Government Gazette notice of the Secretary's intention to register as disability 20 service providers, persons or bodies belonging to a specified class of persons or bodies.".

42 New section 48A inserted After section 48 of the Principal Act insert— 25

"48A Secretary may exempt disability service providers from requirements

(1) The Secretary may exempt a disability service provider from complying with any requirement of this Act that is specified in a 30 written notice provided to the disability service provider.




(2) The Secretary, by notice published in the Government Gazette, may exempt disability service providers belonging to a class of disability service providers from complying with any requirement of this Act that is 5 specified in the notice.".

43 New section 103A inserted After the heading to Division 5 of Part 6 of the Principal Act insert—

"103A Application of Division and references 10

(1) This Division applies to—

(a) a disability service provider; and

(b) a former disability service provider in relation to any matter that occurred, or is alleged to have occurred, during the 15 24 month period immediately before the lapse or revocation of its registration.

(2) A reference in this Division (other than in section 105) to a disability service provider 20 is a reference to, as the case requires—

(a) a disability service provider; or

(b) a former disability service provider.".

44 New section 106AA inserted After the heading to Division 5A of Part 6 of the 25 Principal Act insert—

"106AA Application of Division and references (1) This Division applies to—

(a) a regulated service provider; and




(b) a former regulated service provider in relation to any matter that occurred, or is alleged to have occurred, during the 24 month period immediately before it ceased to be a regulated service 5 provider.

(2) A reference in this Division (other than in section 106B) to a regulated service provider is a reference to, as the case requires—

(a) a regulated service provider; or 10

(b) a former regulated service provider.".

45 Application of Division 6 of Part 6 At the end of section 108 of the Principal Act insert—

"(2) This Division applies to— 15

(a) a disability service provider; and

(b) a regulated service provider; and

(c) a former disability service provider in relation to any matter that occurred, or is alleged to have occurred, during the 20 24 month period immediately before the lapse or revocation of its registration; and

(d) a former regulated service provider in relation to any matter that occurred, or 25 is alleged to have occurred, during the 24 month period immediately before it ceased to be a regulated service provider.".




46 References to service provider At the end of section 108A of the Principal Act insert—

"(2) A reference in this Division to service provider is a reference to, as the case 5 requires—


(b) a former disability service provider; or

(c) a regulated service provider; or

(d) a former regulated service provider.". 10

47 What matters can be the subject of a complaint? In section 109(1) of the Principal Act—

(a) in paragraph (a), after "regulated disability services" insert "by a service provider";

(b) in paragraph (b), for "disability service 15 provider or a regulated service provider" substitute "service provider".

48 New section 127 inserted After the heading to Subdivision 1 of Division 6A of Part 6 of the Principal Act insert— 20

"127 Application of Division and references (1) Subject to subsection (2), this Division

applies to—

(a) a disability service provider or regulated service provider; and 25

(b) a former disability service provider or former regulated service provider in relation to—

(i) any matter that occurred, or is alleged to have occurred, during 30 the 24 month period immediately before—




(A) in the case of a former disability service provider, the lapse or revocation of its registration; or

(B) in the case of a former 5 regulated service provider, it ceased to be a regulated service provider—

irrespective of whether an investigation has commenced; or 10

(ii) any initiated investigation not concluded before the relevant event referred to in subparagraph (i).

(2) This Division does not apply to a former 15 disability service provider or a former regulated service provider in relation to a systemic initiated investigation across 2 or more service providers unless the systemic initiated investigation commenced before 20 each service provider ceased to be a disability service provider or regulated service provider, as the case requires.

(3) A reference in this Division to a service provider is a reference to, as the case 25 requires—




(d) a former regulated service provider.". 30




49 Commissioner initiated investigations (1) For section 128B(1)(a) of the Principal Act

substitute—

"(a) the provision of—

(i) disability services by a disability 5 service provider or former disability service provider; or

(ii) regulated disability services by a regulated service provider or former regulated service provider; or". 10

(2) In section 128B(1)(b)(i) of the Principal Act, after "service" insert "by a disability service provider or former disability service provider".

(3) In section 128B(1)(b)(ii) of the Principal Act, after "service" insert "by a regulated service 15 provider or former regulated service provider".

50 New section 128GA inserted After the heading to Subdivision 1 of Division 6B of Part 6 of the Principal Act insert—

"128GA Application of Division and references 20

(1) Subject to subsection (2), this Division applies to—

(a) a disability service provider or a regulated service provider; and

(b) a former disability service provider or 25 former regulated service provider in relation to—

(i) any matter that occurred, or is alleged to have occurred, during the 24 month period immediately 30 before the provider ceased to be a disability service provider or regulated service provider, as the




case requires, irrespective of whether a referral investigation has commenced; or

(ii) any referral investigation not concluded before the provider 5 ceased to be a disability service provider or regulated service provider, as the case requires.

(2) This Division does not apply to a former disability service provider or a former 10 regulated service provider in relation to a referral investigation regarding systemic matters across 2 or more service providers unless the referral investigation commenced before each service provider ceased to be a 15 disability service provider or regulated service provider, as the case requires.

(3) A reference in this Division to a service provider is a reference to, as the case requires— 20




(d) a former regulated service provider.".

51 Referral investigations 25

For section 128I(2) of the Principal Act substitute—

"(2) The Minister or the Secretary, in writing, may refer to the Commissioner for investigation any matter relating to— 30

(a) the provision of—

(i) disability services by a disability service provider or former disability service provider; or




(ii) regulated disability services by a regulated service provider or former regulated service provider; or

(b) complaints about— 5

(i) disability services provided by a disability service provider or former disability service provider; or

(ii) regulated disability services 10 provided by a regulated service provider or former regulated service provider; or

(c) abuse or neglect in the provision of—

(i) disability services provided by a 15 disability service provider or former disability service provider; or

(ii) regulated disability services provided by a regulated service 20 provider or former regulated service provider.".

52 New section 128NA inserted After the heading to Subdivision 1 of Division 6C of Part 6 of the Principal Act insert— 25

"128NA Application of Division and references (1) Subject to subsection (2), this Division

applies to—

(a) a disability service provider or regulated service provider; and 30





(i) any matter that occurred, or is alleged to have occurred, during the 24 month period immediately before the provider ceased to be a disability service provider or 5 regulated service provider, as the case requires, irrespective of whether an investigation has commenced; or

(ii) any follow up investigation not 10 concluded before the provider ceased to be a disability service provider or regulated service provider, as the case requires.

(2) This Division does not apply to a former 15 disability service provider or a former regulated service provider in relation to a follow up investigation regarding systemic matters across 2 or more service providers unless the follow up investigation 20 commenced before each service provider ceased to be a disability service provider or regulated service provider, as the case requires.

(3) A reference in this Division to a service 25 provider is a reference to, as the case requires—



(c) a regulated service provider; or 30


53 Visiting of residential service (1) In the heading to section 129 of the Principal Act,

after "service" insert "or NDIS dwelling".





"(1A) A community visitor may visit any SDA enrolled dwelling provided under an SDA residency agreement with or without any previous notice at the times and periods that 5 the community visitor thinks fit.

(1B) A community visitor may visit any short-term accommodation and assistance dwelling with or without any previous notice at the times and periods that the community 10 visitor thinks fit.".


"(4) The Minister may direct a community visitor to visit an SDA enrolled dwelling provided under an SDA residency agreement at the 15 times that the Minister directs.

(5) The Minister may direct a community visitor to visit a short-term accommodation and assistance dwelling at the times that the Minister directs. 20

(6) Except in accordance with section 131A, a community visitor must not visit an SDA enrolled dwelling provided to an SDA resident under a tenancy agreement (within the meaning of the Residential Tenancies 25 Act 1997).".

54 Powers of inspection For section 130(2) and (3) of the Principal Act substitute—

"(2) A community visitor may perform or 30 exercise the functions and powers specified in subsection (3) when visiting the following dwellings—

(a) an SDA enrolled dwelling provided under an SDA residency agreement; 35




(b) a short-term accommodation and assistance dwelling.

(3) For the purposes of subsection (2), the following functions and powers are specified— 5

(a) inspect any part of the dwelling in which the NDIS participant or SDA resident is living;

(b) see any NDIS participant or SDA resident who is living in the dwelling; 10

(c) make enquiries relating to the provision of services to any NDIS participant or SDA resident who is living in the dwelling;

(d) inspect any document relating to any 15 NDIS participant or SDA resident who is living in the dwelling, other than the medical records of the person, including documents required to be kept by a registered NDIS provider or a 20 disability service provider that is providing services at the NDIS dwelling under this Act, the Residential Tenancies Act 1997, the NDIS Act or any regulations, rules or 25 instruments made under the NDIS Act;

(e) inspect any medical record of an NDIS participant or SDA resident who is living in the dwelling with the consent of the NDIS participant, the NDIS 30 participant's guardian, the SDA resident or the SDA resident's guardian (as appropriate).".





"130A Obligations of service provider and staff (1) If a community visitor wishes to perform or

exercise, or is performing or exercising, any 5 power, duty or function under this Act, the disability service provider or the registered NDIS provider and any member of the staff or management of the disability service provider or the registered NDIS provider 10 must provide the community visitor with such reasonable assistance as the community visitor requires to perform or exercise that power, duty or function effectively.

(2) A disability service provider or member of 15 the staff or management of a disability service provider or a registered NDIS provider or member of the staff or management of a registered NDIS provider must— 20

(a) reasonably render assistance when required to do so under subsection (1); and

(b) give full and true answers to the best of that person's knowledge to any 25 questions asked by a community visitor in the performance or exercise of any power, duty or function under this Act.

Penalty: 60 penalty units.".




56 Request to see a community visitor In the heading to section 131 of the Principal Act, for "visitor" substitute "visitor—resident in residential service".

57 New section 131A inserted 5

After section 131 of the Principal Act insert—

"131A Request to see a community visitor—NDIS residents in NDIS dwelling

(1) Subject to subsection (2), any NDIS resident or any person on behalf of the NDIS resident 10 may request the dwelling or support provider to arrange for the NDIS resident to be seen by a community visitor.

(2) A person must not make a request under subsection (1) on behalf of an NDIS resident 15 living in an SDA enrolled dwelling under a tenancy agreement (within the meaning of the Residential Tenancies Act 1997) unless the NDIS resident has consented to the person making the request on the NDIS 20 resident's behalf.

(3) The dwelling or support provider must advise the Community Visitors Board that a request has been made under subsection (1) within 72 hours of receiving the request. 25

Penalty: 5 penalty units.

(4) Unless subsection (5) applies, the Community Visitors Board must ensure a request is responded to within 7 days of the request being received under subsection (3). 30




(5) For the purposes of subsection (4), 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 5 request.

(6) The Community Visitors Board may refuse a request under subsection (3) if the Community Visitors Board considers that the request is— 10

(a) vexatious; or

(b) frivolous; or

(c) lacking in substance.

(7) In this section—

dwelling or support provider means in 15 respect of an NDIS resident living—

(a) in an SDA enrolled dwelling—

(i) an SDA provider; or

(ii) a Supported Independent Living provider; or 20

(iii) a disability service provider; and

(b) in a short-term accommodation and assistance dwelling, the relevant registered NDIS provider; 25

NDIS resident means—

(a) an SDA resident living in an SDA enrolled dwelling; or

(b) a person living in a short-term accommodation and assistance 30 dwelling.".




58 Record of visits (1) In section 132 of the Principal Act omit "in the

prescribed form".

(2) At the end of section 132 of the Principal Act insert— 5

"(2) If a dwelling or support provider is present when a community visitor visits an SDA enrolled dwelling or a short-term accommodation and assistance dwelling, the dwelling or support provider must keep a 10 record of the visit.



dwelling or support provider means in respect of an NDIS resident living— 15

(a) in an SDA enrolled dwelling—


(ii) a Supported Independent Living provider; or

(iii) a disability service provider; 20 and

(b) in a short-term accommodation and assistance dwelling, the relevant registered NDIS provider;

NDIS resident means— 25

(a) an SDA resident living in an SDA enrolled dwelling; or

(b) a person living in a short-term accommodation and assistance dwelling.". 30




59 New section 132AA inserted After the heading to Subdivision 1 of Division 8 of Part 6 of the Principal Act insert—

"132AA Application of Division and references (1) Subject to subsection (2), this Division 5

applies to—

(a) a disability service provider or regulated service provider; and

(b) a former disability service provider or former regulated service provider in 10 relation to—

(i) an accountability investigation into any matter that occurred, or is alleged to have occurred, during the 24 month period immediately 15 before the provider ceased to be a disability service provider or regulated service provider, as the case requires, irrespective of whether the investigation has 20 commenced; or

(ii) an accountability investigation that is not concluded before the provider ceased to be a disability service provider or regulated 25 service provider, as the case requires.

(2) This Division does not apply to a former disability service provider or a former regulated service provider in relation to an 30 accountability investigation regarding systemic matters across 2 or more service providers unless the accountability investigation commenced before each service provider ceased to be a disability 35




service provider or regulated service provider, as the case requires.

(3) A reference in this Division to a service provider is a reference to, as the case requires— 5





60 Visit and inspection of premises 10

In section 132E(1) of the Principal Act, after "provides" insert ", or provided,".

61 Powers during visit and inspection In section 132F(1)(a) of the Principal Act, after "receiving" insert ", or has received,". 15

62 Assistance to be provided In section 132M of the Principal Act, after "providing" insert ", or did provide,".

63 New section 132ZCA inserted After the heading to Division 9 of Part 6 of the 20 Principal Act insert—

"132ZCA Application of Division and references (1) Subject to subsection (2), this Division

applies to—

(a) a disability service provider or 25 regulated service provider; and





(i) an investigation under Division 6, 6A, 6B, 6C or 8 into any matter that occurred, or is alleged to have occurred, during the 24 month period immediately before the 5 provider ceased to be a disability service provider or regulated service provider, as the case requires, irrespective of whether the investigation has commenced; 10 or

(ii) any investigation under Division 6, 6A, 6B, 6C or 8 that is not concluded before the provider ceased to be a disability service 15 provider or regulated service provider, as the case requires.

(2) This Division does not apply to a former disability service provider or a former regulated service provider in relation to an 20 investigation regarding systemic matters across 2 or more service providers unless the investigation commenced before each service provider ceased to be a disability service provider or regulated service 25 provider, as the case requires.

(3) A reference in this Division to a service provider is a reference to, as the case requires—

(a) a disability service provider; or 30







64 New Parts 6A and 6B inserted After section 132ZH of the Principal Act insert—

"Part 6A—Appointment of Authorised Program Officers by

registered NDIS providers 5

132ZI Registered NDIS provider to appoint Authorised Program Officer For the purposes of Part 6B or Part 8, a registered NDIS provider that intends to use restrictive practices or compulsory treatment 10 on NDIS participants—

(a) must appoint an Authorised Program Officer; and

(b) may appoint more than one Authorised Program Officer. 15

132ZJ Registered NDIS provider to seek approval from Senior Practitioner for appointment of Authorised Program Officer

(1) A registered NDIS provider who proposes to 20 appoint an Authorised Program Officer must apply to the Senior Practitioner for approval of the proposed appointment.

(2) An application for approval must include—

(a) the name of the proposed Authorised 25 Program Officer; and

(b) the qualifications of the proposed Authorised Program Officer; and

(c) any other information requested by the Senior Practitioner. 30




(3) The Senior Practitioner may approve the appointment of one or more Authorised Program Officers subject to any conditions that the Senior Practitioner considers appropriate. 5

(4) The Senior Practitioner must keep a register of the name and qualifications of each Authorised Program Officer appointed under this Part.

132ZK Revocation of approval 10

The Senior Practitioner may revoke the approval of the appointment of an Authorised Program Officer if the Senior Practitioner considers it appropriate to do so.

132ZL Senior Practitioner to notify NDIS 15 Commissioner The Senior Practitioner must give written notice to the NDIS Commissioner if the Senior Practitioner—

(a) refuses to approve the appointment of 20 an Authorised Program Officer; or

(b) revokes the appointment of an Authorised Program Officer.

132ZM Senior Practitioner to notify registered NDIS provider before refusal or revocation 25

(1) The Senior Practitioner must not refuse an application under section 132ZJ or revoke approval of the appointment of an Authorised Program Officer under section 132ZK unless the Senior Practitioner 30 has given a written notice to the registered NDIS provider in accordance with subsection (2) and has considered any submission made by the registered NDIS provider. 35




(2) The notice must specify—

(a) the proposed decision and the reasons for the proposed decision; and

(b) that the registered NDIS provider may make a written submission within 5 14 days after the notice is given.

132ZN Application for review of appointment decision

(1) A registered NDIS provider may apply to VCAT for a review of a decision by the 10 Senior Practitioner—

(a) to refuse an application for approval of an appointment of an Authorised Program Officer under section 132ZJ; or 15

(b) to revoke the appointment of an Authorised Program Officer under section 132ZK.

(2) An application for review must be made within 28 days after the later of— 20

(a) the day on which the decision is made; or

(b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the registered NDIS provider requests a 25 statement of reasons for the decision, the day on which the statement of reasons is given to the registered NDIS provider or the registered NDIS provider is informed under 30 section 46(5) of that Act that a statement of reasons will not be given.




132ZO Senior Practitioner may issue directions (1) The Senior Practitioner may issue directions

to registered NDIS providers in relation to—

(a) the minimum qualifications required to be held by persons who are proposed 5 Authorised Program Officers; and

(b) training to be completed by Authorised Program Officers; and

(c) any other matter in relation to Authorised Program Officers. 10

(2) A direction issued by the Senior Practitioner under this section must be published on the Department's internet site.

Part 6B—Use of restrictive practices by registered NDIS 15

providers 132ZP Purpose and application of Part (1) This Part applies to NDIS participants other

than persons for whom a supervised treatment order obtained by an Authorised 20 Program Officer for a registered NDIS provider is in force. Note

Division 6 of Part 8 also contains protective provisions in relation to an NDIS participant subject 25 to a supervised treatment order obtained by an Authorised Program Officer for a disability service provider or registered NDIS provider.

Division 7 of Part 8 contains protective provisions in relation to an NDIS participant subject to a supervised 30 treatment order obtained by an Authorised Program Officer for a registered NDIS provider.




(2) The purpose of this Part is to protect the rights of NDIS participants to whom this Part applies by ensuring that regulated restrictive practices are used on those NDIS participants only if their use is authorised. 5

132ZQ Use of regulated restrictive practice only permitted after authorisation and approval given A registered NDIS provider must not use a regulated restrictive practice on an NDIS 10 participant unless—

(a) an authorisation under section 132ZR(1) for use of the regulated restrictive practice is in force and— 15

(i) 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 20 Practitioner; and

(ii) if the regulated restrictive practice is in the form of a restrictive practice that requires the Senior Practitioner's approval under 25 section 132ZV, the use of that form has been approved by the Senior Practitioner; and

(iii) if the use of the regulated restrictive practice on a specified 30 person or class of persons requires the Senior Practitioner's approval under section 132ZV, the use of the regulated restrictive practice in that circumstance has been 35




approved by the Senior Practitioner; and

(iv) the matters referred to in section 132ZR(1)(a), (b), (d) and (f) are satisfied; or 5

(b) an authorisation under section 132ZX(2) is in force.

132ZR Authorisation for use of regulated restrictive practices on NDIS participants with NDIS behaviour support plans 10

(1) The Authorised Program Officer may authorise the use of a regulated restrictive practice on an NDIS participant if the Authorised Program Officer is satisfied that— 15

(a) the proposed use of the regulated restrictive practice is necessary to prevent the NDIS participant from causing physical harm to the NDIS participant or another person; and 20

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

(i) is the option which is the least restrictive of the NDIS participant as is possible in the 25 circumstances; and

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

(iii) is in accordance with the NDIS 30 participant's 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 5

(c) the NDIS behaviour support plan is in accordance with the requirements of the NDIS (Restrictive Practices and Behaviour Support) Rules; and

(d) if seclusion is to be used— 10

(i) the NDIS participant is supplied with bedding and clothing which is appropriate in the circumstances; and

(ii) the NDIS participant has access to 15 adequate heating or cooling as is appropriate in the circumstances; and

(iii) the NDIS participant is provided with food and drink at the 20 appropriate times; and

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

(e) the Authorised Program Officer has 25 complied with section 132ZS; and

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

(2) An authorisation given under this section is in force until— 30

(a) the authorisation is revoked; or




(b) if the NDIS participant's NDIS behaviour support plan is reviewed and, in consequence of the review, a new plan is developed; or

(c) the NDIS participant's NDIS behaviour 5 support plan expires—

whichever happens soonest.

(3) An authorisation may be subject to any condition that the Authorised Program Officer considers appropriate, other than a 10 condition requiring the variation of an NDIS behaviour support plan.

132ZS Independent person (1) An Authorised Program Officer must ensure

that an independent person is available to 15 explain to an NDIS participant to whom this Part applies—

(a) the proposed use of regulated restrictive practices on the NDIS participant; and

(b) that the NDIS participant may seek, as 20 the case requires—

(i) a review of the Authorised Program Officer's decision to authorise the use of regulated restrictive practices under 25 section 132ZR; or

(ii) a joint review of the Authorised Program Officer's decision to authorise the use of regulated restrictive practices under 30 section 132ZR and the Senior Practitioner's decision to approve the use of regulated restrictive practices under section 132ZV.




Note

Section 132ZR(1)(e) 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. 5

(2) Subject to subsection (3), if changes are proposed to an NDIS behaviour support plan as a result of a review of the plan by an NDIS behaviour support practitioner, an Authorised Program Officer must ensure that 10 an independent person is available to explain to the NDIS participant for whom the NDIS behaviour support plan was reviewed—

(a) the details of those changes; and

(b) if those changes involve the inclusion 15 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 20 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 25 included in the NDIS behaviour support plan; and

(b) the NDIS participant for whom the NDIS behaviour support plan was prepared has had the plan reviewed by 30 the NDIS behaviour support practitioner in the last 12 months; and

(c) during that review, an independent person was available in accordance with this section. 35




(4) If the independent person considers that—

(a) the NDIS participant is not able to understand the proposal to use the regulated restrictive practices; and

(b) the requirements of this Part or the 5 relevant requirements of the NDIS Act or NDIS (Restrictive Practices and Behaviour Support) Rules are not being complied with—

the independent person may report the matter 10 to the Public Advocate or the Senior Practitioner.

(5) An independent person assisting the NDIS participant must not—

(a) be a disability service provider or an 15 NDIS provider for the NDIS participant; or

(b) be a representative of a disability service provider or an NDIS provider for the NDIS participant; or 20

(c) have any interest in a disability service provider or an NDIS provider for the NDIS participant; or

(d) have any responsibility in relation to the development or review of the NDIS 25 participant's NDIS behaviour support plan.

(6) If an NDIS participant advises the registered NDIS provider or the Authorised Program Officer that the NDIS participant does not 30 consider that the person assisting the NDIS participant is an independent person, the Authorised Program Officer must arrange for an independent person to assist the NDIS participant. 35




132ZT Powers of Public Advocate After considering a report received under section 132ZS(4), the Public Advocate may do one or more of the following—

(a) refer the matter to the Senior 5 Practitioner;

(b) within 28 days after receiving the report, initiate an application to VCAT to review the decision by the Authorised Program Officer to 10 authorise the use of regulated restrictive practices and, as the case requires, the decision by the Senior Practitioner to approve the use of regulated restrictive practices; 15

(c) disclose information to the NDIA or the NDIS Quality and Safeguards Commission about the use or proposed use of a regulated restrictive practice by a registered NDIS provider. 20

132ZU Information to be provided to Senior Practitioner and NDIS participant

(1) Within 2 working days after authorising the use of regulated restrictive practices on an NDIS participant under section 132ZR, the 25 Authorised Program Officer must ensure the following is provided to the Senior Practitioner—

(a) a copy of the NDIS participant's NDIS behaviour support plan; 30

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




(c) 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 NDIS participant's NDIS 5 behaviour support plan;

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

(2) A registered NDIS provider must give an NDIS participant a notice in accordance with 10 subsection (3) at least 2 working days before the use of the relevant regulated restrictive practice on the NDIS participant.

(3) For the purposes of subsection (2), the notice must state that— 15

(a) the Authorised Program Officer has authorised the use of a regulated restrictive practice on the NDIS participant under section 132ZR and, as the case requires, the Senior 20 Practitioner has approved the use of a regulated restrictive practice under section 132ZV; and

(b) the NDIS participant may seek, as the case requires— 25

(i) a review of the Authorised Program Officer's decision to authorise the use of regulated restrictive practices under section 132ZR; or 30

(ii) a joint review of the Authorised Program Officer's decision to authorise the use of regulated restrictive practices under section 132ZR and the Senior 35 Practitioner's decision to approve




the use of regulated restrictive practices under section 132ZV.

132ZV Approval given by Senior Practitioner (1) If the Senior Practitioner is satisfied of the

matters set out in subsection (2), the Senior 5 Practitioner may give approval 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 10 that is the subject of a direction issued by the Senior Practitioner that requires the Senior Practitioner's approval; or

(c) a regulated restrictive practice on a specified person or class of persons that 15 is the subject of a direction issued by the Senior Practitioner that requires the Senior Practitioner's approval.

(2) For the purposes of subsection (1), the Senior Practitioner must be satisfied of the 20 following—

(a) the proposed use of the proposed regulated restrictive practice is necessary to prevent the NDIS participant from causing physical harm 25 to the NDIS participant or another person;

(b) the use and form of the proposed regulated restrictive practice is the option which is the least restrictive of 30 the NDIS participant as is possible in the circumstances;




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

(i) is included in the NDIS participant's NDIS behaviour support plan; and 5

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

(iii) is not applied for longer than the period of time during which the 10 use of the regulated restrictive practice is necessary under paragraph (a);

(d) the NDIS behaviour support plan is in accordance with the requirements of the 15 NDIS (Restrictive Practices and Behaviour Support) Rules;

(e) if seclusion is to be used, that—

(i) the NDIS participant is supplied with bedding and clothing which 20 is appropriate in the circumstances; and

(ii) the NDIS participant has access to adequate heating or cooling as is appropriate in the circumstances; 25 and

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

(iv) the NDIS participant is provided 30 with adequate toilet arrangements;

(f) 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) if the NDIS participant's NDIS behaviour support plan is reviewed and, 5 in consequence of the review, a new plan is developed; or

(c) the NDIS participant's NDIS behaviour support plan expires—

whichever happens soonest. 10

(4) 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 proposed use of regulated restrictive practices on an NDIS 15 participant is authorised by the Authorised Program Officer and, as the case requires, approved by the Senior Practitioner.

132ZW Review by VCAT (1) If an Authorised Program Officer authorises 20

the use of a regulated restrictive practice on an NDIS participant under section 132ZR and that use does not also require the approval of the Senior Practitioner under section 132ZV, the NDIS participant may 25 apply to VCAT for review of the Authorised Program Officer's decision to authorise the use within 28 days after the day on which the NDIS participant is notified of the decision.

(2) If an Authorised Program Officer authorises 30 the use of a regulated restrictive practice on an NDIS participant under section 132ZR and that use also requires the approval of the Senior Practitioner under section 132ZV, the NDIS participant may apply to VCAT for a 35 joint review of the decision to authorise the




use and the decision to approve the use within 28 days after the day on which the NDIS participant is notified of the Senior Practitioner's decision to approve the use.

(3) A registered NDIS provider may apply to 5 VCAT for review of a decision by the Senior Practitioner not to approve the use of a regulated restrictive practice under section 132ZV within 28 days after the day on which the registered NDIS provider is 10 notified of the decision.

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

(5) Following a review under subsection (1), 15 VCAT may—

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

(b) order the registered NDIS provider to 20 request a review of the NDIS participant's NDIS behaviour support plan by the NDIS behaviour support practitioner; or

(c) direct that the regulated restrictive 25 practice not be used on the NDIS participant.

(6) Following a review under subsection (2), VCAT may—

(a) confirm the decisions to authorise and 30 approve the use of the regulated restrictive practice and dismiss the application; or




(b) order the registered NDIS provider to request a review of the NDIS participant's NDIS behaviour support plan by the NDIS behaviour support practitioner; or 5

(c) direct that the regulated restrictive practice not be used on the NDIS participant.

(7) Following a review under subsection (3), VCAT may— 10

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

(b) order the registered NDIS provider to 15 request a review of the NDIS participant's NDIS behaviour support plan by the NDIS behaviour support practitioner; or

(c) direct the Senior Practitioner to approve 20 the use of the regulated restrictive practice on the NDIS participant.

132ZX Authorisation for use of regulated restrictive practices on NDIS participants in emergencies 25

(1) This section applies if—

(a) an NDIS participant—

(i) does not have an NDIS behaviour support plan which provides for the use of regulated restrictive 30 practices; or




(ii) has an NDIS behaviour support plan which provides for the use of regulated restrictive practices but that use is not authorised by the Authorised Program Officer and, 5 if the case requires, is not approved by the Senior Practitioner; and

(b) the person in charge of the relevant registered NDIS provider is of the 10 opinion that there is an emergency because—

(i) there is an imminent risk of the NDIS participant causing serious physical harm to the NDIS 15 participant or another person; and

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

(2) The registered NDIS provider is authorised 20 to use a regulated restrictive practice on the NDIS participant if—

(a) the proposed use and form of the regulated restrictive practice is the option which is the least restrictive of 25 the NDIS participant as is possible in the circumstances; and

(b) the use of the regulated restrictive practice is authorised by the person in charge of the registered NDIS provider 30 and the Authorised Program Officer is notified without delay of the use of the regulated restrictive practice.




(3) If an Authorised Program Officer has not been appointed for the registered NDIS provider and the registered NDIS provider intends to continue to use a regulated restrictive practice on the NDIS participant 5 (subject to obtaining the required authorisation under section 132ZR and, as the case requires, approval under section 132ZV), the registered NDIS provider must appoint an Authorised 10 Program Officer as soon as practicable in accordance with Part 6A.

132ZY Directions and other requirements of Senior Practitioner

(1) The Senior Practitioner may give written 15 directions in relation to one or more of the matters set out in subsection (2) to one or more of the following—

(a) registered NDIS providers;

(b) a specified registered NDIS provider; 20

(c) registered NDIS providers belonging to a specified class of registered NDIS providers.

(2) For the purposes of subsection (1) the matters are as follows— 25

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

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

(c) regulating the use of a specified 30 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 NDIS participants;

(f) prohibiting or regulating the use of a 5 specified class of restrictive practices on a person belonging to a specified class of NDIS participants;

(g) requiring approval from the Senior Practitioner for the use of a specified 10 restrictive practice;

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

(i) requiring approval from the Senior 15 Practitioner for the use of a specified class of restrictive practice on a person belonging to a specified class of NDIS participants;

(j) guidelines and standards in relation to 20 the use of restrictive practices.

(3) The Senior Practitioner may in respect of restrictive practices used by registered NDIS providers require a registered NDIS provider to provide a report to the Senior Practitioner 25 on the use of restrictive practices by the registered NDIS provider.".

65 Part 7 heading substituted For the heading to Part 7 of the Principal Act substitute— 30

"Part 7—Use of restrictive practices by disability service

providers".




66 Purpose and application of Part (1) For section 133(1) of the Principal Act

substitute—

"(1) This Part applies to persons (other than persons for whom a treatment plan is in force 5 or is required to be prepared under Part 8) who—

(a) receive disability services; or

(b) are children placed with an out of home care service under the Children, Youth 10 and Families Act 2005 and—

(i) are NDIS participants who do not have an NDIS behaviour support plan; or

(ii) have a disability and whom the 15 Secretary has declared, by notice provided to the out of home care service with whom the children are placed, to be persons to whom this Part applies.". 20

(2) In section 133(2) of the Principal Act, for "restrictive interventions" substitute "restrictive practices".


"(3) A disability service provider is not required 25 to comply with the requirements of this Part in relation to an NDIS participant if the disability service provider—

(a) is a registered NDIS provider; and

(b) complies with the requirements of 30 Part 6B in relation to the NDIS participant.".




67 Section 134 amended (1) For the heading to section 134 of the Principal Act

substitute—

"Use of restrictive practice only permitted after approval given". 5

(2) In section 134 of the Principal Act, for "intervention" substitute "practice".

68 Approval to use restrictive interventions (1) In the heading to section 135 of the Principal Act,

for "restrictive interventions" substitute 10 "restrictive practices".

(2) In section 135(1) and (4)(a) of the Principal Act, for "restrictive interventions" substitute "restrictive practices".


"(6) The Senior Practitioner may issue directions to disability service providers in relation to—

(a) the minimum qualifications required to be held by persons who are proposed 20 Authorised Program Officers; and

(b) training to be completed by Authorised Program Officers; and

(c) any other matter in relation to Authorised Program Officers. 25

(7) A direction issued by the Senior Practitioner under this section must be published on the Department's internet site.".

69 Revocation of approval In section 136(1) of the Principal Act, for 30 "restrictive interventions" substitute "restrictive practices".




70 Notice before refusal or revocation In section 137(1) of the Principal Act, for "restrictive interventions" substitute "restrictive practices".

71 Application for review 5

In section 138(1)(b) of the Principal Act, for "restrictive interventions" substitute "restrictive practices".

72 Authorised Program Officers In section 139(1) of the Principal Act, for 10 "restrictive intervention" substitute "restrictive practice".


"139A Use of regulated restrictive practice 15 permitted in certain circumstances

(1) Despite anything to the contrary in section 140, a disability service provider may use a regulated restrictive practice on a person to whom this Part applies and who is 20 also an NDIS participant with an NDIS behaviour support plan if the matters set out in section 132ZQ(a) are met in relation to the person. Note 25 Sections 134 and 135(1) apply in relation to a disability service provider using a regulated restrictive practice under subsection (1).

(2) A disability service provider who uses regulated restrictive practices on a person 30 under subsection (1) must within 7 days after the end of an interval specified by the Senior Practitioner provide a report to the Senior Practitioner that records—




(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 5 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 10 subsection.".

74 Use of restraint and seclusion (1) In the heading to section 140 of the Principal Act,

for "restraint and seclusion" substitute "regulated restrictive practices". 15

(2) In section 140 of the Principal Act, for "Unless section 147 applies, restraint or seclusion can only be used on a person to whom this Part applies" substitute "Regulated restrictive practices must not be used by a disability service 20 provider on a person to whom this Part applies unless section 147 applies or".

(3) In section 140(a), (b), (c) and (e) of the Principal Act omit "if".

(4) In section 140(a), (b) and (c) of the Principal Act, 25 for "restraint or seclusion" substitute "a regulated restrictive practice".

(5) In section 140(c)(iii)(B) of the Principal Act, for "the seclusion or restraint" substitute "the regulated restrictive practice". 30

75 Use of restraint and seclusion must be included in behaviour support plan

(1) In the heading to section 141 of the Principal Act, for "restraint and seclusion" substitute "regulated restrictive practice". 35




(2) In section 141(1)(b) and (2)(a), (b) and (c) of the Principal Act, for "restraint or seclusion" substitute "a regulated restrictive practice".

(3) After section 141(3)(c) of the Principal Act insert— 5

"(ca) 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;". 10

76 Review of behaviour support plan by disability service provider

After section 142(3)(c) of the Principal Act insert—

"(ca) if any registered NDIS providers provide 15 services under the NDIS to the person for whom the behaviour support plan is prepared, a representative of each registered NDIS provider;".

77 Independent person 20

(1) In section 143(1)(a) of the Principal Act, for "restraint or seclusion" substitute "a regulated restrictive practice".

(2) For section 143(1)(b) of the Principal Act substitute— 25

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

(i) a review of the Authorised Program Officer's decision to approve the inclusion of the proposed use of the 30 regulated restrictive practice in the person's behaviour support plan under section 145; or




(ii) a joint review of the Authorised Program Officer's decision to approve the inclusion of the proposed use of the regulated restrictive practice in the person's behaviour support plan under 5 section 145 and the Senior Practitioner's decision to approve the use of the form of regulated restrictive practice under section 145A.".

(3) In section 143(1A)(b) of the Principal Act— 10

(a) for "of restraint or seclusion" substitute "of a regulated restrictive practice";

(b) for "the restraint or seclusion" substitute "the regulated restrictive practice".

(4) In section 143(1B)(a) and (2)(a) of the Principal 15 Act, for "restraint or seclusion" substitute "a regulated restrictive practice".


"(3) An independent person assisting a person to 20 whom this Part applies must not—

(a) be a disability service provider or an NDIS provider; or

(b) be a representative of a disability service provider or an NDIS provider; 25 or

(c) have any interest in a disability service provider or an NDIS provider who provides services to the person.".

78 Powers of Public Advocate 30

In section 144(1)(b) of the Principal Act, for "restraint or seclusion" substitute "a regulated restrictive practice".




79 Requirements for the use of restraint and seclusion (1) In the heading to section 145 of the Principal Act,

for "restraint and seclusion" substitute "any regulated restrictive practice".

(2) For section 145(1) of the Principal Act 5 substitute—

"(1) A regulated restrictive practice must not be used on a person unless—

(a) the inclusion of the proposed use of the regulated restrictive practice in the 10 behaviour support plan prepared under section 141 or reviewed under section 142 is approved by the Authorised Program Officer; and

(b) if the regulated restrictive practice is in 15 the form of seclusion, physical restraint or mechanical restraint, the use of that form has been approved by the Senior Practitioner; and

(c) if the regulated restrictive practice is in 20 the form of a restrictive practice that requires the Senior Practitioner's approval under section 145A, the use of that form has been approved by the Senior Practitioner; and 25

(d) if the use of the regulated restrictive practice on a specified person or class of persons requires the Senior Practitioner's approval under section 145A, the use of the regulated 30 restrictive practice in that circumstance has been approved by the Senior Practitioner.".

(3) In section 145(2), (3)(a) and (4) of the Principal Act, for "restraint or seclusion" substitute 35 "regulated restrictive practices".





(a) for "restraint or seclusion in the behaviour support plan under subsection (1), the disability service provider must at least 2 days before the proposed use of restraint or 5 seclusion" substitute "regulated restrictive practices in the behaviour support plan under subsection (1) and, as the case requires, the Senior Practitioner has given approval under section 145A, the disability service provider 10 must at least 2 days before the proposed use of regulated restrictive practices";

(b) in paragraph (a), after "plan" insert "and, as the case requires, the Senior Practitioner has given approval under section 145A"; 15

(c) for paragraph (b) substitute—

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

(i) a review of the Authorised Program Officer's decision to 20 approve the inclusion of the proposed use of the regulated restrictive practice in the person's behaviour support plan under this section; or 25

(ii) a joint review of the Authorised Program Officer's decision to approve the inclusion of the proposed use of the regulated restrictive practice in the person's 30 behaviour support plan under this section and the Senior Practitioner's decision to approve the use of the form of regulated restrictive practice under 35 section 145A.".





"145A Approval to use certain regulated restrictive practices

(1) Unless the Senior Practitioner has given 5 approval to do so, a disability service provider must not use—

(a) a regulated restrictive practice in the form of seclusion, physical restraint or mechanical restraint; or 10

(b) a form of regulated restrictive practice that is the subject of a direction issued by the Senior Practitioner requiring the Senior Practitioner's approval; or

(c) a form of regulated restrictive practice 15 if the use of the regulated restrictive practice on a specified person or class of persons is the subject of a direction issued by the Senior Practitioner requiring the Senior Practitioner's 20 approval.

(2) The Senior Practitioner may approve the use of a regulated restrictive practice of a form referred to in subsection (1) if the Senior Practitioner is satisfied that— 25

(a) the use of the proposed regulated restrictive practice is necessary—

(i) to prevent the person from causing physical harm to themselves or any other person; or 30

(ii) to prevent the person from destroying property where to do so could involve the risk of harm to themselves or any other person; and 35




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

(c) the use and form of regulated restrictive 5 practice—

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

(ii) is in accordance with the person's behaviour support plan; and 10

(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 15

(d) if seclusion is to be used—

(i) the person is supplied with bedding and clothing which is appropriate in the circumstances; and 20

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

(iii) the person is provided with food 25 and drink at the appropriate times; and

(iv) the person is provided with adequate toilet arrangements.".




81 Review by VCAT (1) For section 146(1) of the Principal Act

substitute—

"(1) If the Authorised Program Officer approves the inclusion of the proposed use of a 5 regulated restrictive practice in a person's behaviour support plan under section 145, and the use of the regulated restrictive practice does not also require the approval of the Senior Practitioner under section 145A, 10 the person may apply to VCAT for review of the Authorised Program Officer's decision within 28 days after the day on which the person is notified of the decision.

(1A) If the Authorised Program Officer approves 15 the inclusion of the proposed use of a regulated restrictive practice in a person's behaviour support plan under section 145, and the use of the regulated restrictive practice also requires the approval of the 20 Senior Practitioner under section 145A, the person may apply to VCAT for a joint review of the Authorised Program Officer's decision and the Senior Practitioner's decision within 28 days after the day on 25 which the person is notified of the Senior Practitioner's decision.

(1B) A disability service provider may apply to VCAT for review of a decision by the Senior Practitioner under section 145A not to 30 approve the use of a regulated restrictive practice within 28 days after the day on which a disability service provider is notified of the decision.".





"(3) Following a review under subsection (1), VCAT may—

(a) confirm the Authorised Program 5 Officer's decision to approve the inclusion of the proposed use of the regulated restrictive practice in the behaviour support plan and dismiss the application; or 10

(b) order the disability service provider to prepare a new behaviour support plan in accordance with the order; or

(c) direct that the regulated restrictive practice be removed from the behaviour 15 support plan.

(4) Following a review under subsection (1A), VCAT may—

(a) confirm the decisions of the Authorised Program Officer and Senior Practitioner 20 and dismiss the application; or


(c) direct that the regulated restrictive 25 practice be removed from the behaviour support plan.

(5) Following a review under subsection (1B), VCAT may—

(a) confirm the Senior Practitioner's 30 decision not to approve the use of the regulated restrictive practice and dismiss the application; or





(c) direct that the regulated restrictive practice be removed from the behaviour 5 support plan; or

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

82 Use of restraint or seclusion in an emergency 10

(1) In the heading to section 147 of the Principal Act, for "restraint or seclusion" substitute "regulated restrictive practices".

(2) In section 147(1)(b)(ii), (2) and (3) of the Principal Act, for "restraint or seclusion" 15 (wherever occurring) substitute "regulated restrictive practices".

(3) For section 147(1)(a) of the Principal Act substitute—

"(a) the person to whom this Part applies— 20

(i) does not have a behaviour support plan approved by an Authorised Program Officer which provides for the use of regulated restrictive practices; or

(ii) has a behaviour support plan which 25 provides for the use of regulated restrictive practices and that inclusion is approved by the Authorised Program Officer but not yet approved by the Senior Practitioner, if the case so 30 requires; and".




(4) For section 147(4)(a) of the Principal Act substitute—

"(a) the form of the regulated restrictive practice used and, if seclusion was used, the period of time during which it was used;". 5

(5) In section 147(4)(b) and (d) of the Principal Act, for "restraint or seclusion" substitute "the regulated restrictive practice".

(6) For section 147(4)(e) of the Principal Act substitute— 10

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


"147A Senior Practitioner may issue directions (1) The Senior Practitioner may give written

directions in relation to one or more of the matters set out in subsection (2) to—

(a) disability service providers; or 20

(b) a specified disability service provider; or

(c) disability service providers belonging to a specified class of disability service providers. 25

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


(b) prohibiting the use of a specified class 30 of restrictive practice;




(c) regulating the use of a specified restrictive practice;


(e) prohibiting or regulating the use of a 5 specified restrictive practice on a person belonging to a specified class of persons with a disability;

(f) prohibiting or regulating the use of a specified class of restrictive practices 10 on a person belonging to a specified class of persons with a disability;

(g) requiring approval from the Senior Practitioner for the use of a specified restrictive practice; 15

(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 20 class of restrictive practice on a person belonging to a specified class of persons with a disability;

(j) guidelines and standards in relation to the use of restrictive practices.". 25

84 Reports (1) In section 148(1)(a) and (b) of the Principal Act,

for "restraint or seclusion" substitute "regulated restrictive practice".

(2) In section 148(2)(c) of the Principal Act, for 30 "restraint or seclusion has" substitute "regulated restrictive practices have".




(3) In section 148(2)(e) and (3) of the Principal Act, for "restraint or seclusion" substitute "regulated restrictive practices".

85 Section 149 substituted For section 149 of the Principal Act substitute— 5

"149 Offence (1) Except as provided in subsection (2), a

disability service provider who applies a regulated restrictive practice on a person to whom this Part applies is guilty of an offence 10 against this Act.


(2) A disability service provider is not guilty of an offence under subsection (1) if the disability service provider applies a regulated 15 restrictive practice on a person to whom this Part applies in accordance with—

(a) section 133(3); or

(b) section 139A; or

(c) sections 140, 145 and 145A; or 20

(d) section 147.".

86 Use of other restrictive interventions (1) In the heading to section 150 of the Principal Act,

for "restrictive interventions" substitute "restrictive practices". 25

(2) For section 150(1) the Principal Act substitute—

"(1) In this section—

other restrictive practices means restrictive practices other than regulated restrictive practices.". 30




(3) In section 150(2) of the Principal Act, for "in respect of other restrictive interventions" substitute "in respect of other restrictive practices".

(4) In section 150(2)(a), (b)(ii), (d) and (f) of the 5 Principal Act, for "other restrictive interventions" substitute "other restrictive practices".

(5) In section 150(2)(c) of the Principal Act, for "use of other restrictive interventions" substitute "prohibition or use of other restrictive practices". 10

(6) In section 150(2)(e)(i) and (ii) of the Principal Act, for "other restrictive intervention" substitute "other restrictive practice".

87 Authorised Program Officer must prepare treatment plan 15

(1) In section 153(2)(c) of the Principal Act, for "restrictive interventions" (where first occurring) substitute "restrictive practices".

(2) In the note at the foot of section 153(2)(c) of the Principal Act, for "restrictive interventions" 20 (where twice occurring) substitute "restrictive practices".

88 Preparation of treatment plan (1) In section 167(1A)(c) of the Principal Act, for

"restrictive interventions" substitute 25 "restrictive practices".

(2) In the note at the foot of section 167(1A)(c) of the Principal Act, for "restrictive interventions" (where twice occurring) substitute "restrictive practices". 30




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

In the note at the foot of section 180(6) of the Principal Act, for "restrictive interventions" 5 (where twice occurring) substitute "restrictive practices".

90 Heading to Division 5 of Part 8 amended In the heading to Division 5 of Part 8 of the Principal Act, after "orders" insert 10 "for implementation by disability service providers or registered NDIS providers".

91 Purpose of Division In section 183 of the Principal Act, after "detention" insert "by a disability service provider 15 or a registered NDIS provider".

92 New section 184 inserted After section 183 of the Principal Act insert—

"184 Certain disability service providers not required to comply with Division 20

(1) A person or body that in relation to a specific person with a disability is both a disability service provider and a registered NDIS provider is not required to comply as a disability service provider with this Division 25 in relation to that person if the person or body complies with this Division in its capacity as that person's registered NDIS provider.

(2) A disability service provider is not required 30 to comply with this Division in relation to a specific person with a disability if a registered NDIS provider (not being the same person or body as the disability service provider) is required to comply with this 35




Division in relation to that person in the person's capacity as an NDIS participant. Note

A disability service provider intending to use restrictive practices on a person who is subject to a 5 supervised treatment order obtained by an Authorised Program Officer for a registered NDIS provider must comply with section 201B(2).".

93 Heading to section 185 amended In the heading to section 185 of the Principal Act, 10 after "treatment" insert "by a disability service provider".

94 Approval to use supervised treatment (1) In the heading to section 186 of the Principal Act,

after "Approval" insert "for disability service 15 provider".


"(6) The Senior Practitioner may issue directions to disability service providers in relation to— 20

(a) the minimum qualifications required to be held by persons who are proposed Authorised Program Officers; and

(b) training to be completed by Authorised Program Officers; and 25

(c) any other matter in relation to Authorised Program Officers.

(7) A direction issued by the Senior Practitioner under this section must be published on the Department's internet site.". 30

95 Heading to section 187 amended In the heading to section 187 of the Principal Act, after "approval" insert "for disability service provider to use supervised treatment".




96 Heading to section 188 amended In the heading to section 188 of the Principal Act, after "revocation" insert "of approval for disability service provider to use supervised treatment". 5

97 Heading to section 189 amended In the heading to section 189 of the Principal Act, after "Application" insert "by disability service provider".

98 Heading to section 190 amended 10

In the heading to section 190 of the Principal Act, after "Officers" insert "appointed by disability service provider".


"190A Authorised Program Officers appointed by registered NDIS provider An Authorised Program Officer must ensure that any supervised treatment used in the provision of services under the NDIS for 20 which the Authorised Program Officer is responsible is administered in accordance with this Division.".

100 Application for a supervised treatment order (1) In the heading to section 191 of the Principal Act, 25

after "Application" insert "by a disability service provider or registered NDIS provider".

(2) In section 191(1) of the Principal Act, after "Officer" insert "appointed under this Part by a disability service provider". 30





"(1A) An Authorised Program Officer appointed under Part 6A by a registered NDIS provider may apply to VCAT for a supervised treatment order to be made in respect of a 5 person—

(a) who is an NDIS participant; and

(b) who has an intellectual disability; and

(c) who is an SDA resident living in an SDA enrolled dwelling provided under 10 an SDA residency agreement; and

(d) in respect of whom a treatment plan and an attached NDIS behaviour support plan have been approved by the Senior Practitioner; and 15

(e) who meets the criteria specified in subsection (6).".


(a) after "Officer" insert "(appointed by either a disability service provider or an NDIS 20 provider)";

(b) after "subsection (1)" insert "or (1A)";

(c) in paragraph (b), after "services" insert "or, in the case of an NDIS participant, is an SDA resident living in an SDA enrolled 25 dwelling provided under an SDA residency agreement".


(a) after "subsection (1)" insert "or (1A)";

(b) in paragraph (b), after "services" insert 30 "or, in the case of an NDIS participant, is an SDA resident living in an SDA enrolled




dwelling provided under an SDA residency agreement";

(c) in paragraph (c), after "Practitioner" insert "and an NDIS behaviour support plan, as the case requires". 5


(a) after "Officer" insert "(appointed by either a disability service provider or a registered NDIS provider)";

(b) after "subsection (1)" insert "or (1A)"; 10

(c) in paragraph (b) omit "with a disability".


"(4A) The Senior Practitioner must give written notice to the NDIS Commissioner that a certificate referred to in subsection (3) has 15 been given by the Senior Practitioner in relation to an NDIS participant.".

(8) In section 191(5) of the Principal Act, after "subsection (1)" insert "or (1A)".

(9) In section 191(6)(c), (d) and (e) of the Principal 20 Act, after "treatment plan" insert "and an NDIS behaviour support plan, as the case requires,".

(10) For section 191(7)(c) of the Principal Act substitute—

"(c) if an Authorised Program Officer for a 25 disability service provider applied for the supervised treatment order, specify any restrictive practices that are to be used; Note

Division 6 of this Part contains provisions in relation 30 to the use of restrictive practices in accordance with, and the inclusion of restrictive practices in, a treatment plan.".




(11) After section 191(7)(c) of the Principal Act insert—

"(ca) if an Authorised Program Officer for a registered NDIS provider applied for the supervised treatment order, specify any 5 restrictive practices other than regulated restrictive practices to be used and the NDIS behaviour support plan must be attached; Note

Division 7 of this Part contains provisions in relation 10 to the use of regulated restrictive practices by registered NDIS providers on an NDIS participant who is subject to a supervised treatment order obtained by an Authorised Program Officer for a registered NDIS provider.". 15

101 Heading to section 192 substituted For the heading to section 192 of the Principal Act substitute—

"Disability service provider or registered NDIS provider may request interim supervised 20 treatment order".

102 Supervised treatment order (1) In the heading to section 193 of the Principal Act,

after "order" insert "for persons with a disability and NDIS participants". 25


(a) in paragraph (a), after "section 191(1)" insert "or (1A)";

(b) in paragraph (b)—

(i) after "subsection (2)" insert "or (2A)"; 30

(ii) after "section 191(1)" insert "or (1A)";

(c) in paragraph (c), after "section 191(1)" insert "or (1A)".




(3) In section 193(2) of the Principal Act, after "provider" insert "or registered NDIS provider, as the case requires,".


"(2A) On an application under section 191(1A), 5 VCAT must not specify that the treatment plan of an NDIS participant who has an NDIS behaviour support plan be varied—

(a) with respect to any regulated restrictive practices; or 10

(b) in such a manner that the NDIS participant's NDIS behaviour support plan would not be able to be implemented.".

(5) For section 193(3)(b) of the Principal Act 15 substitute—

"(b) require the person to whom the supervised treatment order applies to reside in—

(i) a residential service, if the application for the order was made by an 20 Authorised Program Officer appointed by a disability service provider; or

(ii) an SDA enrolled dwelling provided under an SDA residency agreement, if the application for the order was made 25 by an Authorised Program Officer appointed by a registered NDIS provider;".

103 Supervision of supervised treatment order (1) In section 195(3) of the Principal Act, after 30

"subsection (4)" insert "or (5A)".




(2) For section 195(4) and (5) of the Principal Act substitute—

"(4) Unless subsection (5) applies, in the case of a person with a disability who is subject to a supervised treatment order obtained by an 5 Authorised Program Officer for a disability service provider, 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 10 approve the change; and

(b) the Authorised Program Officer must apply to VCAT for a variation of the treatment plan under section 196.

(5) Despite subsection (4), in the case of a 15 person with a disability who is subject to a supervised treatment order obtained by an Authorised Program Officer for a disability service provider, if the Senior Practitioner considers that an increase in the supervision 20 or restriction of the person is necessary because of an emergency, the Senior Practitioner—

(a) may approve a material change to the person's treatment plan relating to the 25 increase in the level of supervision or restriction; and

(b) must, as soon as practicable, apply to VCAT for a variation of the treatment plan under section 196. 30

(5A) Unless subsection (5B) applies, in the case of an NDIS participant who is subject to a supervised treatment order obtained by an Authorised Program Officer for a registered NDIS provider, if a material change to a 35 treatment plan or to an NDIS behaviour




support plan attached to the treatment plan relates to an increase in the level of supervision or restriction—

(a) the Senior Practitioner must not approve the change; and 5

(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 10 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 15 participant's NDIS behaviour support plan, a material change is made to that plan relating to the use of a regulated restrictive practice. 20

(5B) Despite subsection (5A), in the case of an NDIS participant who is subject to a supervised treatment order obtained by an Authorised Program Officer for a registered NDIS provider, if the Senior Practitioner 25 considers that an increase in the supervision or restriction of the NDIS participant is necessary because of an emergency, the Senior Practitioner—

(a) may approve a material change to the 30 NDIS participant's treatment plan and attached NDIS behaviour support plan relating to the increase in the level of supervision or restriction; and




(b) must, as soon as practicable, apply to VCAT for—

(i) a variation of the treatment plan under section 196, if the proposed variation is to the treatment plan 5 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 10 participant's NDIS behaviour support plan, a material change is made to that plan relating to the use of a regulated restrictive practice.". 15

104 Application for review, variation or revocation (1) In section 196(1)(b) of the Principal Act, after

"application" insert "unless the supervised treatment order was obtained by an Authorised Program Officer for a registered NDIS provider 20 and the proposed variation relates to any regulated restrictive practices or would result in the NDIS participant's NDIS behaviour support plan being unable to be implemented".

(2) In section 196(5)(a) and (b) and (8)(a) and (b) of 25 the Principal Act, after "section 191(1)" insert "or (1A), as the case requires,".

(3) In section 196(5)(a)(ii) of the Principal Act, after "appropriate" insert "unless the supervised treatment order is for an NDIS participant and was 30 obtained by an Authorised Program Officer for a registered NDIS provider and the proposed variation relates to any regulated restrictive practices or would result in the NDIS participant's NDIS behaviour support plan being unable to be 35 implemented".





"(7) VCAT must not confirm the variation of a supervised treatment order or treatment plan under subsection (6)(a) unless VCAT is 5 satisfied that—

(a) the disability service provider or registered NDIS provider, as the case requires, can implement the variation of the supervised treatment order or the 10 treatment plan; and

(b) if the supervised treatment order is for an NDIS participant and was obtained by an Authorised Program Officer for a registered NDIS provider, the proposed 15 variation does not relate to any regulated restrictive practices and would not result in the NDIS participant's NDIS behaviour support plan being unable to be implemented.". 20


"(9) VCAT must not confirm a supervised treatment order under subsection (8)(b) unless VCAT is satisfied that— 25

(a) the disability service provider or registered NDIS provider, as the case requires, can implement the variation of the supervised treatment order or variation; and 30

(b) if the supervised treatment order is for an NDIS participant and was obtained by an Authorised Program Officer for a registered NDIS provider, the order or variation does not relate to any 35 regulated restrictive practices and




would not result in the NDIS participant's NDIS behaviour support plan being unable to be implemented.".

105 Application for determination regarding expiry of supervised treatment order 5

(1) In section 196A(2)(b) of the Principal Act omit "with a disability".

(2) In section 196A(3) of the Principal Act, after "section 191(1)" (wherever occurring) insert "or (1A), as the case requires,". 10

106 New section 196B inserted After section 196A of the Principal Act insert—

"196B Senior Practitioner to notify NDIS Commissioner about certain matters The Senior Practitioner must give written 15 notice to the NDIS Commissioner if one or more of the following occurs in relation to an NDIS participant subject to a supervised treatment order or interim supervised treatment order obtained by an Authorised 20 Program Officer for a registered NDIS provider—

(a) VCAT makes an interim supervised treatment order or a supervised treatment order; 25

(b) the Senior Practitioner approves a material change made to a treatment plan under section 195(3), (5) or (5B);

(c) VCAT confirms a variation to a treatment plan under section 196 that 30 involves a material change of a kind referred to in section 195;




(d) the supervised treatment order is varied or revoked under section 196 or expires.".

107 Senior Practitioner may make assessment order In section 199(2)(b) of the Principal Act, after 5 "services" insert "or is an SDA resident living in an SDA enrolled dwelling provided under an SDA residency agreement".

108 New section 199B inserted After section 199A of the Principal Act insert— 10

"199B Senior Practitioner to notify NDIS Commissioner about assessment orders The Senior Practitioner must give written notice to the NDIS Commissioner if one of the following occurs in relation to an NDIS 15 participant—

(a) an assessment order is made under section 199;

(b) an assessment order is revoked under section 199A.". 20

109 Apprehension of person subject to a supervised treatment order absent without approval


(a) after "residential service" (where first occurring) insert "or the SDA enrolled 25 dwelling (if provided under an SDA residency agreement), as the case requires,";

(b) after "residential service" (where secondly and fifthly occurring) insert "or the SDA enrolled dwelling"; 30




(c) after paragraph (a) insert—

"(ab) a person who—

(i) is employed by the Supported Independent Living provider providing supported independent 5 living assistance at the SDA enrolled dwelling or is employed by the registered NDIS provider providing the SDA enrolled dwelling; and 10

(ii) is authorised by the person in charge of the SDA enrolled dwelling or the Supported Independent Living provider; or".

(2) In section 201(2) of the Principal Act, after 15 "residential service" insert "or the SDA enrolled dwelling, as the case requires,".

110 Heading to Division 6 of Part 8 substituted For the heading to Division 6 of Part 8 of the Principal Act substitute— 20

"Division 6—Restrictive practices used by disability service providers

implementing treatment plans". 111 Purpose and application of Division (1) For section 201A(1) of the Principal Act 25

substitute—

"(1) This Division applies to—

(a) persons with a disability for whom a disability service provider has prepared, or is required to prepare a treatment 30 plan under this Part; and




(b) NDIS participants who are subject to a supervised treatment order and on whom a disability service provider intends using restrictive practices.".

(2) In section 201A(2) of the Principal Act, for 5 "restrictive interventions" substitute "restrictive practices".

(3) In the note at the foot of section 201A(2) of the Principal Act, before "Part 7" insert "Part 6B contains corresponding protective provisions in 10 relation to NDIS participants.".

(4) After section 201A(2) of the Principal Act insert—

"(3) A disability service provider is not required to comply with this Division (other than 15 section 201B(2)) in relation to a specific person with a disability if—

(a) a registered NDIS provider (not being the same person or body as the disability service provider) is required 20 to comply with Division 7 in relation to that person in the person's capacity as an NDIS participant; and

(b) the Secretary has granted approval for the disability service provider to use 25 restrictive practices under section 135, despite anything to the contrary in section 133.

Note

See also sections 136, 137 and 138 in relation to an 30 approval granted to a disability service provider to use restrictive practices.




(4) A person or body that in relation to a specific person with a disability is both a disability service provider and a registered NDIS provider is not required to comply as a disability service provider with this Division 5 in relation to that person if the person or body complies with Division 7 in its capacity as that person's registered NDIS provider.".

112 Use of restrictive interventions (1) In the heading to section 201B of the Principal 10

Act, for "restrictive interventions" substitute "restrictive practices".

(2) In section 201B of the Principal Act, for "restrictive intervention"(where twice occurring) substitute "restrictive practice". 15

(3) At the end of section 201B of the Principal Act insert—

"(2) Despite anything to the contrary in subsection (1), a disability service provider may use a regulated restrictive practice on an 20 NDIS participant who is subject to a supervised treatment order obtained by a registered NDIS provider if—

(a) the registered NDIS provider is required to comply with Division 7 in 25 relation to the NDIS participant; and

(b) the Secretary has granted approval for the disability service provider to use the restrictive practices under section 135, despite anything to the contrary in 30 section 133; and

(c) when the restrictive practice is used, the matters set out in section 201L (other than paragraph (f)) apply in relation to the NDIS participant. 35




Note

See also sections 136, 137 and 138 in relation to an approval granted to a disability service provider to use restrictive practices.

(3) A disability service provider who uses 5 regulated restrictive practices on a person under subsection (2) must within 7 days after the end of an interval specified by the Senior Practitioner provide a report to the Senior Practitioner that records— 10

(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 15 Practitioner.

(4) The Senior Practitioner may issue directions to disability service providers to whom subsection (2) applies in relation to the use of regulated restrictive practices under that 20 subsection.".

113 Authorised Program Officers In section 201C(1) of the Principal Act, for "restrictive intervention" substitute "restrictive practice". 25

114 Use of restraint and seclusion (1) In the heading to section 201D of the Principal

Act, for "restraint and seclusion" substitute "regulated restrictive practices".

(2) In section 201D of the Principal Act, for 30 "Restraint or seclusion can only be used on a person to whom this Division applies" substitute "Regulated restrictive practices must not be used by a disability service provider on a person to whom this Division applies unless". 35




(3) In section 201D(a) and (b) of the Principal Act, for "restraint or seclusion" substitute "regulated restrictive practices".

(4) In section 201D(c) of the Principal Act, for "restraint or seclusion" substitute "the regulated 5 restrictive practice".

(5) In section 201D(c)(iii)(B) of the Principal Act, for "seclusion or restraint" substitute "regulated restrictive practice".

(6) In section 201D(a), (b), (c) and (e) of the Principal 10 Act omit "if".

115 Use of restraint and seclusion must be included in treatment plan

(1) In the heading to section 201E of the Principal Act, for "restraint and seclusion" substitute 15 "regulated restrictive practices".

(2) In section 201E(1)(b), (2)(a), (b) and (c) of the Principal Act, for "restraint or seclusion" substitute "the regulated restrictive practice".

(3) After section 201E(3)(c) of the Principal Act 20 insert—

"(ca) if any registered NDIS providers provide services under the NDIS to the person for whom the treatment plan is prepared, a representative of each registered NDIS 25 provider;".

116 Reports (1) In section 201F(1)(a) and 2(c) and (d) of the

Principal Act, for "restraint or seclusion" substitute "regulated restrictive practices". 30

(2) In section 201F(1)(a) of the Principal Act, for "Part" substitute "Division".




(3) In section 201F(1)(b) of the Principal Act, for "restraint and seclusion" substitute "regulated restrictive practices".

(4) In section 201F(2)(b) of the Principal Act, for "restraint or seclusion has been" substitute 5 "regulated restrictive practices were".

(5) In section 201F(3) of the Principal Act, for "restraint or seclusion" substitute "a regulated restrictive practice".

117 New section 201FA inserted 10

After section 201F of the Principal Act insert—

"201FA Senior Practitioner may issue guidelines and directions The Senior Practitioner may issue directions and guidelines in relation to the use of 15 restrictive practices and the development of treatment plans for persons subject to a supervised treatment order (irrespective of whether they are NDIS participants), including reporting requirements for 20 disability service providers on the implementation of treatment plans.".

118 Offence In section 201G of the Principal Act, for "person who, except as provided in section 201D, 25 applies restraint or seclusion" substitute "disability service provider who, except as provided in section 201A(3) and (4), 201B or 201D, applies a regulated restrictive practice".




119 Use of other restrictive interventions (1) In the heading to section 201H of the Principal

Act, for "restrictive interventions" substitute "regulated restrictive practices".

(2) For section 201H(1) of the Principal Act 5 substitute—

"(1) In this section—

other restrictive practices means restrictive practices other than regulated restrictive practices.". 10

(3) In section 201H(2) of the Principal Act, for "in respect of other restrictive interventions" substitute "in respect of other restrictive practices".

(4) In section 201H(2)(a), (c) and (e) of the Principal 15 Act, for "restrictive interventions" substitute "restrictive practices".

(5) In section 201H(2)(b) of the Principal Act, for "use of other restrictive interventions" substitute "prohibition or use of other restrictive practices". 20

(6) In section 201H(2)(d)(i) and (ii) of the Principal Act, for "restrictive intervention" substitute "restrictive practice".

120 New section 201I inserted After section 201H of the Principal Act insert— 25

"201I Senior Practitioner may issue directions (1) The Senior Practitioner may give written

directions for the purposes of this Division in relation to one or more of the matters set out in subsection (2) to one or more of the 30 following—

(a) disability service providers;

(b) a specified disability service provider;




(c) disability service providers belonging to a specified class of disability service providers.

(2) For the purposes of subsection (1) the matters are the following— 5





(e) prohibiting or regulating the use of a specified restrictive practice on a 15 person belonging to a specified class of persons with a disability;

(f) prohibiting or regulating the use of a specified class of restrictive practices on a person belonging to a specified 20 class of persons with a disability;

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

(h) requiring approval from the Senior 25 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 30 belonging to a specified class of persons with a disability;

(j) guidelines and standards in relation to the use of restrictive practices.".




121 New Division 7 of Part 8 inserted After Division 6 of Part 8 of the Principal Act insert—

"Division 7—Restrictive practices used by registered NDIS providers on NDIS 5

participants subject to supervised treatment orders

201J Purpose and application of Division (1) This Division applies to NDIS participants

for whom an NDIS behaviour support plan is 10 in force and who are subject to a supervised treatment order obtained by an Authorised Program Officer for a registered NDIS provider. Note 15 A registered NDIS provider intending to use restrictive practices on an NDIS participant who is subject to a supervised treatment order obtained by an Authorised Program Officer for a disability service provider may do so in accordance with Part 6B. 20

(2) The purpose of this Division is to protect the rights of NDIS participants to whom this Division applies by ensuring that restrictive practices which registered NDIS providers intend to use are— 25

(a) authorised in accordance with this Division; and

(b) used only if the requirements imposed by this Division are complied with.




201K Use of restrictive practices only permitted in certain circumstances A registered NDIS provider must not use a restrictive practice on an NDIS participant unless— 5

(a) there is a treatment plan in force for that NDIS participant; and

(b) in the case of the proposed use of restrictive practices other than regulated restrictive practices, the NDIS 10 participant's treatment plan includes the proposed restrictive practice; and

(c) in the case of the proposed use and form of regulated restrictive practices, the proposed regulated restrictive 15 practice is included in the NDIS participant's NDIS behaviour support plan attached to the NDIS participant's treatment plan and the proposed use and form is in accordance with 20 section 201L.

201L Use of regulated restrictive practice only permitted in certain circumstances A registered NDIS provider must not use a regulated restrictive practice on an NDIS 25 participant unless the following apply—

(a) the use of the regulated restrictive practice is necessary to prevent the NDIS participant from causing physical harm to the NDIS participant or any 30 other person;

(b) the use and form of the regulated restrictive practice is the option which is the least restrictive of the NDIS participant as is possible in the 35 circumstances;




(c) the use and form of the regulated restrictive practice—

(i) is included in the NDIS participant's NDIS behaviour support plan attached to the NDIS 5 participant's treatment plan; and

(ii) is in accordance with the NDIS participant's NDIS behaviour support plan and treatment plan; and 10

(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); 15

(d) if seclusion is to be used—

(i) the NDIS participant is supplied with bedding and clothing which is appropriate in the circumstances; and 20

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

(iii) the NDIS participant is provided 25 with food and drink at the appropriate times; and

(iv) the NDIS participant is provided with adequate toilet arrangements;

(e) any other requirements imposed by the 30 Senior Practitioner are complied with;

(f) the NDIS behaviour support plan has been developed in accordance with the NDIS (Restrictive Practices and Behaviour Support) Rules and is able to 35




be implemented in accordance with those Rules and this Act.

201M Authorised Program Officers An Authorised Program Officer must ensure that— 5

(a) any restrictive practice (other than regulated restrictive practices) used on an NDIS participant in the provision of a service under the NDIS for which the registered NDIS provider that 10 appointed the Authorised Program Officer is responsible is used in accordance with this Division, the NDIS Act and any regulations, instruments or rules made under the 15 NDIS Act and the NDIS participant's treatment plan; and

(b) any regulated restrictive practice used on an NDIS participant in the provision of a service under the NDIS for which 20 the registered NDIS provider that appointed the Authorised Program Officer is responsible is used in accordance with this Division, the NDIS Act and any regulations, 25 instruments or rules made under the NDIS Act and the NDIS participant's NDIS behaviour support plan.

201N Senior Practitioner may lodge evidence regarding use of regulated restrictive 30 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 35




restrictive practices on an NDIS participant is authorised under this Division.

201O Senior Practitioner may issue directions (1) The Senior Practitioner may give written

directions for the purposes of this Division in 5 relation to one or more of the matters set out in subsection (2) to one or more of the following—

(a) registered NDIS providers;

(b) a specified registered NDIS provider; 10

(c) registered NDIS providers belonging to a specified class of registered NDIS providers.

(2) For the purposes of subsection (1) the matters are the following— 15





(e) prohibiting or regulating the use of a specified restrictive practice on a 25 person belonging to a specified class of NDIS participants;

(f) prohibiting or regulating the use of a specified class of restrictive practices on a person belonging to a specified 30 class of NDIS participants;




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

(h) requiring approval from the Senior Practitioner for the use of a specified 5 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 NDIS 10 participants;

(j) guidelines and standards in relation to the use of restrictive practices.".

122 False and misleading statements For section 202(2) of the Principal Act 15 substitute—

"(2) A person must not make a false or misleading entry in a document required by this Act to be kept by—

(a) a disability service provider; or 20

(b) a registered NDIS provider.


123 Delegation In section 204(2) of the Principal Act, after "disability" insert "or NDIS participants". 25

124 Evidentiary In section 219(2) of the Principal Act, for "or the Secretary" (where twice occurring) substitute ", the Secretary or the Senior Practitioner".




125 New Division 4 of Part 10 inserted After Division 3 of Part 10 of the Principal Act insert—

"Division 4—Transitional provisions—Disability (National Disability Insurance 5

Scheme Transition) Amendment Act 2019

236 Declaration of residential service as a group home

(1) Subject to subsection (2), on and from the 10 commencement day, a residential service declared to be a group home under section 64(1) by notice published in the Government Gazette in force immediately before the commencement day, ceases to be 15 a group home for the purposes of this Act if the following criteria are met—

(a) the group home is an SDA enrolled dwelling; and

(b) each resident in the group home— 20

(i) is living in the SDA enrolled dwelling that is under a tenancy agreement within the meaning of the Residential Tenancies Act 1997 and that agreement has 25 commenced; or

(ii) has entered into an SDA residency agreement in relation to the SDA enrolled dwelling and that agreement has commenced; or 30




(iii) has worked with an SDA provider to establish an SDA residency agreement in relation to the SDA enrolled dwelling and that agreement has commenced; and 5

(c) the relevant SDA provider has given to the Secretary written notice of the event referred to in paragraph (b).

(2) If, 6 months after the commencement day, the criteria referred to in subsection (1) are 10 not met by a residential service declared to be a group home under section 64(1) by notice published in the Government Gazette in force immediately before the commencement day, the residential service 15 ceases to be a group home for the purposes of this Act.

(3) Nothing in this section prevents a declaration being made under section 64(1) after the commencement day in respect of a 20 residential service to which this section applies.


commencement day means the day on which section 125 of the Disability (National 25 Disability Insurance Scheme Transition) Amendment Act 2019 comes into operation.

237 Behaviour support plans taken to be NDIS behaviour support plans 30

(1) If immediately before the day a person becomes an NDIS participant the person has a behaviour support plan, on and from that day—




(a) the behaviour support plan is taken to be an NDIS behaviour support plan for the purposes of Part 6B and the NDIS (Restrictive Practices and Behaviour Support) Rules; and 5

(b) the use of any restrictive practices referred to in the behaviour support plan is taken to be authorised by the Authorised Program Officer of the registered NDIS provider intending to 10 use the restrictive practices on the person and, as the case requires approved by the Senior Practitioner—

until whichever of the following happens first— 15

(c) the behaviour support plan expires;

(d) an NDIS behaviour support plan is developed for the NDIS participant.

(2) The Senior Practitioner may issue directions in relation to the use of restrictive practices 20 on an NDIS participant to whom a behaviour support plan referred to in subsection (1) applies.

238 Matters concerning persons subject to supervised treatment orders on becoming 25 NDIS participants

(1) If immediately before the day a person becomes an SDA resident living in an SDA enrolled dwelling under an SDA residency agreement the person does not have an NDIS 30 behaviour support plan but does have a treatment plan developed under Division 5 of Part 8, on and from that day—




(a) the treatment plan is taken to be an NDIS behaviour support plan for the purposes of Division 7 of Part 8 and the NDIS (Restrictive Practices and Behaviour Support) Rules until— 5

(i) an NDIS behaviour support plan is developed for the NDIS participant; or

(ii) it expires or is revoked under section 196 or 196A— 10

whichever occurs sooner; and

(b) the supervised treatment order to which the treatment plan is attached—

(i) continues in force until it expires or is revoked under section 196 or 15 196A; and

(ii) is taken to be the responsibility of the Authorised Program Officer of the disability service provider that applied for the supervised 20 treatment order or, if the disability service provider has become a registered NDIS provider, the Authorised Program Officer appointed by that registered NDIS 25 provider; and

(c) the relevant place at which the person is to reside referred to in section 193(3)(b) is taken to be an SDA enrolled dwelling under an SDA residency agreement in 30 relation to the NDIS participant.

Note

If a registered NDIS provider intends to use regulated restrictive practices on a person referred to in subsection (1), the registered NDIS provider must 35 comply with section 201L.




(2) The Senior Practitioner may issue directions in relation to the use of restrictive practices on an NDIS participant to whom an NDIS behaviour support plan referred to in subsection (1) applies. 5

239 Supervised treatment orders If immediately before the day a person becomes an NDIS participant the person is subject to a supervised treatment order obtained by a disability service provider, on 10 and from that day (despite the person residing at an SDA enrolled dwelling)—

(a) the person's treatment plan is taken to be the treatment plan attaching the NDIS behaviour support plan for the 15 purposes of Divisions 5 and 7 of Part 8; and

(b) the registered NDIS provider providing supported independent living services to the person is taken to be the 20 disability service provider who obtained the supervised treatment order for the purposes of Division 5 of Part 8; and

(c) the registered NDIS provider in 25 implementing the supervised treatment order must comply with the requirements of Division 7 of Part 8; and

(d) the supervised treatment order 30 continues in force until it expires or is revoked under section 196 or 196A.




240 Assessment orders If immediately before the day a person becomes an NDIS participant the person is subject to an assessment order obtained by a disability service provider, on and from that 5 day (despite the person residing at an SDA enrolled dwelling)—

(a) the registered NDIS provider providing supported independent living services to the person is taken to be the 10 disability service provider who obtained the assessment order for the purposes of Division 5 of Part 8; and

(b) the assessment order continues in force until it expires or is revoked under 15 section 199 or 199A.

241 Regulations dealing with transitional matters

(1) The Governor in Council may make regulations containing provisions of a 20 transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the Disability (National Disability Insurance Scheme Transition) Amendment Act 2019, 25 including repeals and amendments made by that Act.

(2) Regulations made under this section may—

(a) have a retrospective effect to a day on or from the date that the Disability 30 (National Disability Insurance Scheme Transition) Amendment Act 2019 receives the Royal Assent; and

(b) be of limited or general application; and 35




(c) differ according to differences in time, place or circumstances; and

(d) leave any matter or thing to be decided by a specified person or class of persons; and 5

(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 10 effect despite anything to the contrary—

(a) in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006); or

(b) in any subordinate instrument. 15

(4) This section is repealed on the second anniversary of the day on which it comes into operation.".

Division 3—Other miscellaneous amendments

Subdivision 1—Residential institution amendments 20

126 Definitions In section 3(1) of the Principal Act—

(a) in the definition of compulsory treatment, in paragraph (a) omit "or a residential institution"; 25

(b) in the definition of leave of absence omit "or from a residential institution under section 170";

(c) in the definition of special leave omit "or from a residential institution under 30 section 171";




(d) the definition of residential institution is repealed.

127 Persons with an intellectual disability Section 6(1)(c) and (d) and (7) of the Principal Act are repealed. 5

128 Planning for persons with an intellectual disability Section 55(3) of the Principal Act is repealed.

129 Division 3 of Part 5 repealed Division 3 of Part 5 of the Principal Act is repealed. 10

130 Visiting of residential service Section 129(2) of the Principal Act is repealed.

131 Security conditions (1) In section 159(1) of the Principal Act, after

"leave" insert "under this or any other Act". 15

(2) In section 159(2) of the Principal Act, after "this" insert "or any other".

132 Apprehension of resident absent without leave In section 160 of the Principal Act, after "special leave of absence" insert "under this or 20 any other Act".

133 Transfer of resident to another residential treatment facility or a residential institution

(1) In the heading to section 161 of the Principal Act omit "or a residential institution". 25

(2) In section 161(1) of the Principal Act omit "or to a residential institution".

(3) In section 161(2) of the Principal Act— (a) omit "or to a residential institution";

(b) omit "or residential institution". 30




134 Transfer of person with an intellectual disability from a prison

(1) In section 166(1), (5), (7)(b) and (c) and (8) of the Principal Act omit "or residential institution".

(2) In section 166(3)(c) of the Principal Act omit 5 "or a residential institution".

135 Preparation of treatment plan In section 167(1A)(a), (d) and (e) of the Principal Act omit "residential institution or".

136 Annual review of security order and treatment plan 10

In section 168(4) of the Principal Act omit "or residential institution".

137 Application for review of treatment plan In section 169(4) of the Principal Act omit "or residential institution". 15

138 Sections 170 to 174 and 178 repealed Sections 170, 171, 172, 173, 174 and 178 of the Principal Act are repealed.

139 Death of security resident In section 176 of the Principal Act omit 20 "or residential institution".

140 Request for transfer to prison In section 177(1) of the Principal Act omit "or residential institution".

141 Notice of transfer of security resident to another 25 residential treatment facility or residential institution

(1) In the heading to section 179 of the Principal Act omit "or residential institution".

(2) In section 179 of the Principal Act omit "or to 30 another residential institution under section 178".




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

In section 180(1), (2)(c), (4), (7)(b) and (8) of the Principal Act omit "or residential institution". 5

143 Status of forensic residents In section 181 of the Principal Act omit "or residential institution".

144 New section 242 inserted After section 241 of the Principal Act insert— 10

'242 Long Term Residential Program taken to be residential treatment facility

(1) On and from 30 June 2020 the premises known as the "Long Term Residential Program" is taken to be a long-term 15 residential treatment facility.

(2) Despite anything to the contrary in section 152(1), a person residing at the Long Term Residential Program immediately before 30 June 2020 is taken to be admitted 20 to the residential treatment facility known as "Long Term Residential Program" on that day for a period not exceeding 12 months.

(3) On and from 30 June 2020, sections 156, 157 and 158 are taken to apply to a person 25 referred to in subsection (2) and residing at the residential treatment facility known as "Long Term Residential Program" despite the person not being subject to an order referred to in section 152(2).'. 30




Subdivision 2—SDA related amendments 145 Definitions (1) In section 3(1) of the Principal Act, for the

definition of SDA provider substitute—

"SDA provider means a person— 5

(a) who is a registered NDIS provider; and

(b) who provides specialist disability accommodation; and

(c) who is the owner or leaseholder of an SDA enrolled dwelling;". 10

(2) In section 3(1) of the Principal Act, for the definition of SDA residency agreement substitute—

"SDA residency agreement means an agreement entered into or established under 15 section 498F of the Residential Tenancies Act 1997 between an SDA provider and an SDA resident in respect of an SDA enrolled dwelling;".

(3) In section 3(1) of the Principal Act— 20

(a) in the definition of NDIS, for "National Disability Insurance Scheme Act 2013 of the Commonwealth" substitute "NDIS Act";

(b) in paragraph (b) of the definition of SDA 25 enrolled dwelling, for "National Disability Insurance Scheme Act 2013 of the Commonwealth" substitute "NDIS Act".


(a) in paragraph (a)(i) of the definition of NDIS 30 participant's guardian, for "Guardianship and Administration Act 1986" substitute




"Guardianship and Administration Act 2019";

(b) in paragraph (a)(i) of the definition of SDA resident's guardian, for "Guardianship and Administration Act 1986" substitute 5 "Guardianship and Administration Act 2019".

Subdivision 3—Residential Tenancies Amendment Act 2018 related amendments

146 Amendments consequential on commencement of 10 section 5 of Residential Tenancies Amendment Act 2018

(1) In section 3(1) of the Principal Act, in paragraph (c)(iii) of the definition of SDA enrolled dwelling, for "tenancy agreement" 15 substitute "residential rental agreement".

(2) In section 30A(3) of the Principal Act, for "tenancy agreement" substitute "residential rental agreement".

(3) In section 30A(4)(a) and (b) of the Principal Act, 20 for "tenancy agreement" substitute "residential rental agreement".

(4) In section 129(6) of the Principal Act, for "tenancy agreement" substitute "residential rental agreement". 25

(5) In section 131A(2) of the Principal Act, for "tenancy agreement" substitute "residential rental agreement".

(6) In section 236(1)(b)(i) of the Principal Act, for "tenancy agreement" substitute "residential rental 30 agreement".

Part 3—Amendment of Residential Tenancies Act 1997




Division 1—SDA residents—tenancy agreements 147 New Subdivision 2A of Division 1 of Part 6 inserted

After Subdivision 2 of Division 1 of Part 6 of the 5 Residential Tenancies Act 1997 insert—

"Subdivision 2A—Termination of tenancy agreement because of coercion

or deception of SDA resident 234A Application for termination of tenancy 10

agreement because of coercion or deception of SDA resident

(1) An SDA resident who is party to a tenancy agreement may apply to the Tribunal for any of the following orders on a ground specified 15 in subsection (2)—

(a) an order terminating the existing tenancy agreement;

(b) an order—

(i) terminating the existing tenancy 20 agreement; and

(ii) requiring the SDA provider who is a landlord to enter a new tenancy agreement with the person who is an SDA resident and other persons 25 (if any) specified in the application;

(c) if all the tenants under the existing tenancy agreement are SDA residents, an order— 30

(i) terminating the tenancy agreement; and




(ii) requiring the SDA provider who is a landlord to enter into, or establish, an SDA residency agreement with each person who is a tenant under the existing 5 tenancy agreement.

(2) The following grounds are specified for the purposes of subsection (1)—

(a) the SDA resident was coerced or deceived into entering into the tenancy 10 agreement;

(b) the SDA resident did not receive an information statement as required under section 498D before entering into the tenancy agreement; 15

(c) the SDA resident was given an information statement under section 498D but did not receive an explanation of that statement under section 498E. 20

(3) For the purposes of a proceeding for an order under subsection (1), each of the following persons is a party to the proceeding—

(a) the SDA resident or one of the following persons who may make an 25 application on behalf of the SDA resident—

(i) the Director;

(ii) the SDA resident's guardian (if any); 30

(iii) the SDA resident's administrator (if any);

(iv) the Public Advocate;

(b) the SDA provider;




(c) any other party to the existing tenancy agreement;

(d) any other person specified in the application as a party.

(4) An application under subsection (1) may be 5 made without the consent of the SDA provider or any other party to the existing tenancy agreement.

(5) The Tribunal must hear an application under subsection (1)— 10

(a) within 3 business days of the application being made; or

(b) if the application cannot be heard within the period referred to in paragraph (a), no later than the next 15 available sitting day of the Tribunal after the end of that 3 business day period.

(6) If an application is made under subsection (1), unless the Tribunal otherwise orders, any 20 other action that could otherwise be taken in respect of the existing tenancy agreement is stayed until the Tribunal determines the application.

234B Tribunal orders 25

(1) On an application under section 234A(1), the Tribunal may—

(a) order the dismissal of the application; or

(b) if satisfied that the SDA resident was 30 coerced or deceived into entering a tenancy agreement or that the SDA resident did not receive an information statement under section 498D or an




explanation of the information statement under section 498E—

(i) order the termination of the existing tenancy agreement; or

(ii) order the termination of the 5 existing tenancy agreement and that the SDA provider enter into a new tenancy agreement with the SDA resident and other persons (if any) specified in the 10 application; or

(iii) if all tenants to the agreement are SDA residents, order the termination of the existing tenancy agreement and require the SDA 15 provider to enter into or establish an SDA residency agreement with each SDA resident.

(2) If the Tribunal makes an order under subsection (1)(b), the Tribunal must specify 20 the date on which the existing tenancy agreement terminates.

(3) For the purposes of subsection (1)(b), the Tribunal may—

(a) adjourn the application to determine a 25 termination date in consultation with the tenants party to the existing tenancy agreement; or

(b) adjourn the application to allow the parties to the existing tenancy 30 agreement to enter into a new tenancy agreement or to enter into, or establish, one or more SDA residency agreements (as appropriate); or




(c) if, during an adjournment the parties to the existing tenancy agreement are—

(i) unable to enter into a new tenancy agreement, direct the parties to enter into a new tenancy 5 agreement on terms declared by the Tribunal; or

(ii) unable to enter into, or establish, one or multiple SDA residency agreements (as appropriate), direct 10 the parties to enter into one or multiple new SDA residency agreements (as appropriate) on terms declared by the Tribunal.

(4) If the Tribunal makes an order under 15 subsection (1)(b), having regard to any financial disadvantage suffered by the tenant and regardless of any loss or damage suffered by the SDA provider, the Tribunal may— 20

(a) order that any bond paid by the tenant under the existing tenancy agreement be paid out by the Authority to the tenant and, if there is more than one tenant under the existing tenancy 25 agreement, apportion the bond to be paid out by the Authority between the tenants; and

(b) revoke any compensation orders that have been issued against the tenant. 30

(5) In determining an application under section 234A(1), the Tribunal may take into account the Director's guidelines.".




148 Reduced period of notice of intention to vacate in certain circumstances

(1) In section 237(1) of the Residential Tenancies Act 1997—

(a) in paragraph (d), for "accommodation." 5 substitute "accommodation; or";

(b) after paragraph (d) insert— "(e) the tenant, who is an SDA resident, has

been given a notice under section 498DA.". 10

(2) After section 237(3) of the Residential Tenancies Act 1997 insert—

"(3A) A tenant to whom subsection (1)(e) applies may give a landlord who is, or was, an SDA provider, a notice of intention to vacate a 15 premises that is, or was, an SDA enrolled dwelling, specifying a termination date that is not less than 14 days after the date on which the notice is given.".

149 Further functions of Director in relation to SDA 20 enrolled dwellings

In section 486B(1) of the Residential Tenancies Act 1997—

(a) in paragraph (e), for "research." substitute "research; and"; 25

(b) after paragraph (e) insert—

"(f) to maintain a list recording the details of SDA residency agreements the Director is notified of under section 498F(5).". 30




Division 2—Amendment of Part 12A 150 Definitions—Part 12A (1) In section 498B of the Residential Tenancies

Act 1997 insert the following definitions—

"carer has the same meaning as in the Carers 5 Recognition Act 2012;

NDIS behaviour support plan has the same meaning as in the Disability Act 2006;

registered NDIS provider has the same meaning as in the National Disability Insurance 10 Scheme Act 2013 of the Commonwealth;

standard form means the form prescribed for the purposes of section 498I;".

(2) In section 498B of the Residential Tenancies Act 1997, for paragraph (a) of the definition of 15 SDA provider substitute—

"(a) who is a registered NDIS provider that provides specialist disability accommodation; and".

(3) In section 498B of the Residential Tenancies 20 Act 1997, for the definition of Supported Independent Living provider substitute—

"Supported Independent Living provider means a registered NDIS provider that provides supported independent living assistance;". 25

151 When does Part not apply to occupation of SDA enrolled dwelling

In section 498C(2) of the Residential Tenancies Act 1997, for "the occupation of that SDA enrolled dwelling by the SDA resident" substitute 30 "the SDA provider and the SDA resident".




152 Division 2 heading amended In the heading to Division 2 of Part 12A of the Residential Tenancies Act 1997, after "information" insert "and notices".

153 Information statement required to be given to SDA 5 resident

(1) In section 498D(1) of the Residential Tenancies Act 1997, for "containing the prescribed details" substitute ", in the form approved by the Director,". 10

(2) For the penalty at the foot of section 498D(1) of the Residential Tenancies Act 1997 substitute—

"Penalty: 300 penalty units in the case of a natural person;

750 penalty units in the case of a body 15 corporate.".

(3) In section 498D(3) of the Residential Tenancies Act 1997, for "containing the prescribed details" substitute "in the form approved by the Director".

(4) For the penalty at the foot of section 498D(3) of 20 the Residential Tenancies Act 1997 substitute—


750 penalty units in the case of a body corporate.". 25

154 New section 498DA inserted After section 498D of the Residential Tenancies Act 1997 insert—

"498DA Notice of revocation of registration or enrolment 30

(1) If the registration of a person under the NDIS as a registered provider is revoked, the person must give any SDA resident to whom




the person is providing an SDA enrolled dwelling, written notice—

(a) within 5 days of the registration being revoked; and

(b) specifying— 5

(i) that the person's registration under the NDIS has been revoked; and

(ii) the date of the revocation; and

(iii) in the case of an SDA enrolled dwelling provided under a tenancy 10 agreement, that the SDA resident may give the landlord a reduced period of notice of intention to vacate the SDA enrolled dwelling under section 237; and 15

(iv) in the case of an SDA enrolled dwelling provided under an SDA residency agreement, that the SDA residency agreement is terminated 90 days after the day 20 the person's registration under the NDIS was revoked.


(2) If a dwelling ceases to be an SDA enrolled dwelling, an SDA provider providing the 25 dwelling to an SDA resident, must give the SDA resident written notice—

(a) within 5 days after the dwelling ceases to be enrolled as an SDA enrolled dwelling; and 30

(b) specifying—

(i) that the dwelling is no longer enrolled as an SDA enrolled dwelling; and




(ii) the date the dwelling ceased to be an SDA enrolled dwelling; and

(iii) in the case of a former SDA enrolled dwelling being provided under a tenancy agreement, that 5 the SDA resident may give the landlord a reduced period of notice of intention to vacate the SDA enrolled dwelling under section 237; and 10

(iv) in the case of a former SDA enrolled dwelling provided under an SDA residency agreement, that the SDA residency agreement is terminated 90 days after the day 15 the SDA enrolled dwelling ceased to be enrolled.


155 Explaining notices or information given to SDA residents under this Part 20

In section 498E(4) of the Residential Tenancies Act 1997, for "may" substitute "must".

156 New section 498EA inserted After section 498E of the Residential Tenancies Act 1997 insert— 25

"498EA Explanation of Tribunal orders (1) This section applies if—

(a) the Tribunal makes an order or gives a direction in accordance with this Act that is in respect of an SDA resident; 30 and




(b) the SDA resident is not represented by any of the following persons—

(i) the SDA resident's guardian (if any);

(ii) the SDA resident's administrator 5 (if any);

(iii) a carer of the SDA resident;

(iv) a person chosen by the SDA resident;

(v) a litigation guardian appointed by 10 the Tribunal;

(vi) an Australian lawyer; and

(c) one of the persons specified in subparagraph (i) or (ii) is a party to the proceeding for which the order was 15 made, or the direction given, in respect of the SDA resident—


(ii) if an SDA provider is not a party to the proceeding but a relevant 20 person is a party, a relevant person.

(2) The SDA provider or a relevant person must explain the order or direction in the language, mode of communication and terms 25 in which the SDA resident is most likely to understand.

(3) An explanation given under subsection (2) must, if reasonable, be given both orally and in writing. 30




(4) If it appears that the SDA resident would benefit from support or requires support to understand the order made, or direction given, the SDA provider or relevant person must use reasonable endeavours to convey 5 the information or contents of the order or direction to the SDA resident in the language, mode of communication or terms which the SDA resident is most likely to understand. 10

(5) If it appears that the SDA resident would benefit from support or requires support to understand the order made, or direction given, the SDA provider or relevant person must give a copy of the order or direction— 15

(a) to a family member, carer, guardian, advocate or other person chosen by the SDA resident; or

(b) if no person is chosen under paragraph (a), to a person who the SDA 20 provider or other relevant person considers can assist the SDA resident and is not employed by, or a representative of, the SDA provider or other relevant person. 25


relevant person means any of the following—

(a) an agent of the SDA provider;

(b) a mortgagee in respect of an SDA 30 enrolled dwelling that the SDA resident is or was residing in;

(c) an SDA enrolled dwelling owner within the meaning of section 498ZZX.". 35




157 Agreement for provision of SDA enrolled dwelling After section 498F(4) of the Residential Tenancies Act 1997 insert—

"(5) An SDA provider must give the Director written notice of any SDA residency 5 agreement entered into under subsection (1)(a) or that is taken to be established under subsection (3) within 14 days of the agreement being entered into or established.

Penalty: 60 penalty units. 10

(6) A written notice specified in subsection (5) must state the following details—

(a) the name and contact details of the SDA provider who has entered into or established the SDA residency 15 agreement;

(b) the address of the SDA enrolled dwelling being provided by the SDA provider under the SDA residency agreement; 20

(c) the term of the SDA residency agreement.".

158 Working with SDA resident to establish an SDA residency agreement

In section 498G(3) of the Residential Tenancies 25 Act 1997, for "SDA provider may" substitute "SDA provider must".

159 Copy of SDA residency agreement to be made available to SDA resident

For the penalty at the foot of section 498H of the 30 Residential Tenancies Act 1997 substitute—

"Penalty: 25 penalty units.".




160 SDA residency agreements to be in standard form For the penalty at the foot of section 498I(2) of the Residential Tenancies Act 1997 substitute—


161 Harsh and unconscionable terms 5

For section 498L(3) of the Residential Tenancies Act 1997 substitute—

"(3) A term of an SDA residency agreement must not be declared invalid under this section if— 10

(a) it is required by or under the National Disability Insurance Scheme Act 2013 of the Commonwealth or any regulations, rules or instruments made under that Act; or 15

(b) it is required by any prescribed Act, regulations, rules or instruments; or

(c) it is in the prescribed standard form.".

162 New Division 3A inserted in Part 12A After Division 3 of Part 12A of the Residential 20 Tenancies Act 1997 insert—

"Division 3A—Disclosures and representations prior to entering into

SDA residency agreement 498LA Restriction on use of personal information 25

provided by applicants for SDA enrolled dwellings An SDA provider or that person's agent must not use personal information disclosed by a person on an application form used to apply 30 to enter into an SDA residency agreement unless the use is for the following—




(a) to determine whether the applicant is, or will be, an SDA resident;

(b) to determine whether the SDA enrolled dwelling meets the needs of the applicant; 5

(c) if the SDA enrolled dwelling is a shared living environment, to assess the applicant's compatibility with—

(i) SDA residents already residing in the SDA enrolled dwelling; or 10

(ii) other applicants applying to enter into an SDA residency agreement in respect of the SDA enrolled dwelling.

498LB Information that SDA provider must 15 disclose before entering SDA residency agreement Before entering into an SDA residency agreement, an SDA provider must disclose the following information to the SDA 20 recipient—

(a) if the SDA provider has engaged an agent to sell the SDA enrolled dwelling or prepared a contract of sale, that there is a proposal to sell the SDA enrolled 25 dwelling;

(b) if a mortgagee has commenced a proceeding to enforce a mortgage over the SDA enrolled dwelling, that a mortgagee is taking action for 30 possession of the SDA enrolled dwelling;




(c) if the SDA provider is not the owner of the SDA enrolled dwelling, that the SDA provider has a right to let the SDA enrolled dwelling;

(d) if the SDA enrolled dwelling is 5 supplied with electricity from an embedded electricity network, the prescribed details of the operator of the embedded electricity network;

(e) if the SDA provider is not the owner of 10 the SDA enrolled dwelling and the owner has engaged an agent to sell the SDA enrolled dwelling or prepared a contract of sale, that there is a proposal to sell the SDA enrolled dwelling; 15

(f) any other prescribed information in relation to the SDA enrolled dwelling.

498LC Misleading or deceptive conduct inducing a person to enter an SDA residency agreement 20

(1) This section applies to—

(a) an SDA provider who is not acting in trade or commerce in entering into an SDA residency agreement; and

(b) the agent of an SDA provider referred 25 to in paragraph (a) who is not acting in trade or commerce.

(2) An SDA provider or that person's agent must not induce a person to enter into an SDA residency agreement by engaging in conduct 30 that is misleading or deceptive, or that is likely to mislead or deceive.




(3) An SDA provider or that person's agent must not induce a person to enter into an SDA residency agreement by making a false or misleading representation concerning any of the following— 5

(a) the SDA provider's interest in the land;

(b) the rent payable under the agreement;

(c) the location of the SDA enrolled dwelling to be let under the agreement;

(d) the characteristics of the SDA enrolled 10 dwelling to be let under the agreement;

(e) the use to which the SDA enrolled dwelling to be let under the agreement is capable of being put or may lawfully be put; 15

(f) the existence or availability of facilities associated with the SDA enrolled dwelling to be let under the agreement.

Penalty: 60 penalty units in the case of a natural person; 20

300 penalty units in the case of a body corporate.

(4) This section does not limit the operation of the Australian Consumer Law (Victoria).".

163 Duties of SDA provider 25

(1) In section 498M of the Residential Tenancies Act 1997—

(a) for paragraph (c) substitute—

"(c) not unreasonably interfere with an SDA resident's right to privacy; and 30




(ca) install fixtures required by the SDA resident to assist their daily living or proper use and enjoyment of the SDA enrolled dwelling; and";

(b) for paragraph (f) substitute— 5

"(f) take reasonable steps to ensure that any repairs or renovations—

(i) are carried out by a suitably qualified person; and

(ii) are completed in a timely 10 manner.".

(2) At the end of section 498M of the Residential Tenancies Act 1997 insert—

"(2) An SDA provider who provides an SDA enrolled dwelling must not unreasonably 15 refuse to give consent to the SDA resident's request to keep a pet in the SDA enrolled dwelling.

(3) For the purposes of subsection (2), the grounds on which an SDA provider may 20 reasonably refuse to give consent to an SDA resident's request to keep a pet are—

(a) that another SDA resident living in the same SDA enrolled dwelling under an SDA residency agreement— 25

(i) has not consented to the keeping of the pet at the SDA enrolled dwelling; and

(ii) has reasonable grounds for not consenting to keeping the pet at 30 the SDA enrolled dwelling; or




(b) that the pet would create a health and safety hazard were it kept at the SDA enrolled dwelling.

Note

See section 54 of the Equal Opportunity Act 2010 in 5 relation to the provision of accommodation to a person with a disability who has an assistance dog.".

164 Duties of SDA resident (1) In section 498N(1)(c) and (2)(d) of the

Residential Tenancies Act 1997 omit 10 "intentionally".

(2) In section 498N(2) of the Residential Tenancies Act 1997—

(a) in paragraph (e), for "provider." substitute "provider; and"; 15


"(f) keep a pet without obtaining the consent of the SDA provider.".

(3) After section 498N(2) of the Residential Tenancies Act 1997 insert— 20

"(3) An SDA resident does not owe a duty specified in subsection (1)(c) or breach a duty specified in subsection (2)(d) if any of the following significantly contributed to the damage or destruction caused— 25

(a) fair wear and tear;

(b) accidental damage;

(c) the reasonable use of the SDA enrolled dwelling;

(d) the reasonable use of any aids, 30 equipment, fixtures and fittings used in the SDA enrolled dwelling;




(e) the act or omission of a person who is not the SDA resident;

(f) any behaviour arising from the SDA resident's disability including behaviour in response to circumstances 5 aggravating to the SDA resident's disability or emotional wellbeing;

(g) a failure by a person to implement or comply with the SDA resident's support plan or NDIS behaviour support plan; 10

(h) the unauthorised use of a restrictive practice within the meaning of the Disability Act 2006;

(i) circumstances suggesting that the SDA resident has been subjected to abuse or 15 neglect.".

165 Application and definition In section 498O(2) of the Residential Tenancies Act 1997, after paragraph (a) in the definition of chosen person insert— 20

"(ab) who is an SDA resident's administrator; or".

166 Application to Tribunal for urgent repairs After section 498P(2) of the Residential Tenancies Act 1997 insert—

"(3) Without limiting the matters which the 25 Tribunal may consider in determining an application under this section, the Tribunal must consider the Director's guidelines.".




167 Application to Tribunal for non-urgent repairs After section 498R(3) of the Residential Tenancies Act 1997 insert—

"(4) The Tribunal must hear an application under subsection (1) or (3) within 7 days after the 5 application is made.".

168 What can the Tribunal order? (1) For section 498S(1) of the Residential Tenancies

Act 1997 substitute—

"(1) If the Tribunal is satisfied that the SDA 10 provider is in breach of the duty to maintain the SDA enrolled dwelling in good repair, the Tribunal may order—

(a) the SDA provider to carry out specified repairs; and 15

(b) the use of a suitably qualified person to carry out the repairs.".

(2) In section 498S(2) of the Residential Tenancies Act 1997, for "The" substitute "If the Tribunal makes an order requiring the SDA provider to 20 carry out specified repairs, the".

169 Entry of SDA enrolled dwelling For section 498U(b) of the Residential Tenancies Act 1997 substitute—

"(b) at any time between 8 a.m. and 6 p.m. on any 25 day (except a public holiday)—

(i) for a purpose set out in section 498V(1)(a) or (b), if at least 48 hours notice has been given to the SDA resident or SDA residents in 30 accordance with section 498X; or




(ii) for a purpose set out in section 498V(1)(c) or (f), if at least 24 hours notice has been given to the SDA resident or SDA residents in accordance with section 498X; or 5

(iii) for a purpose set out in section 498V(1)(d) or (e), if at least 7 days notice has been given to the SDA resident or SDA residents in accordance with section 498X.". 10

170 Grounds for entry of SDA enrolled dwelling (1) In section 498V(2)(a) of the Residential

Tenancies Act 1997, after "resident agrees" insert ", or if there are multiple SDA residents, all the SDA residents agree". 15

(2) For section 498V(3) of the Residential Tenancies Act 1997 substitute—

"(3) A right of entry in respect of an SDA enrolled dwelling for a purpose referred to in subsection (1)(a) may only be exercised— 20

(a) in the period within 21 days before the termination date specified in the notice to vacate or notice of intention to vacate; and

(b) up to twice a week, unless otherwise 25 agreed with the SDA resident or, if there are multiple SDA residents, all the SDA residents; and

(c) for a period of no longer than one hour, unless a longer period is agreed with 30 the SDA resident or, if there are multiple SDA residents, all the SDA residents.".




(3) After section 498V(3) of the Residential Tenancies Act 1997 insert—

"(3A) The following apply in respect of entry to an SDA enrolled dwelling for a purpose referred to in subsection (1)(b)— 5

(a) the right of entry may only be exercised—

(i) if the SDA provider has given the SDA resident or, if there are multiple SDA residents, all the 10 SDA residents, notice of intention to sell in the form approved by the Director at least 14 days before entry is proposed; and

(ii) if the SDA provider has made all 15 reasonable efforts to agree with the SDA resident or, if there are multiple SDA residents in the SDA enrolled dwelling, all the SDA residents, on days and times 20 for the property to be available for inspection; and

(iii) up to twice a week, unless otherwise agreed with the SDA resident or, if there are multiple 25 SDA residents in the SDA enrolled dwelling, all the SDA residents; and

(iv) for a period of no longer than one hour, unless a longer period is 30 agreed with the SDA resident or, if there are multiple SDA residents in the SDA enrolled dwelling, all the SDA residents;




(b) SDA residents at the SDA enrolled dwelling are entitled to the prescribed compensation for sales inspections.

(3B) If an SDA provider exercises a right of entry under subsection (1)(b), the SDA provider 5 must pay the SDA resident or SDA residents (as appropriate) the prescribed compensation for each sales inspection.".

(4) After section 498V(4) of the Residential Tenancies Act 1997 insert— 10

"(5) For the purposes of subsection (2)(d), if the SDA provider believes on reasonable grounds that the SDA resident has abandoned an SDA enrolled dwelling occupied by multiple SDA residents 15 (other SDA residents), the SDA provider must not enter those parts of the SDA enrolled dwelling exclusively occupied by the other SDA residents.".

171 Manner of entry 20

In section 498W(b) of the Residential Tenancies Act 1997, after "consent" insert "or, if there are multiple SDA residents, without the consent of all the SDA residents".

172 Notice of increase in rent 25

After section 498ZB(1) of the Residential Tenancies Act 1997 insert—

"(1A) The notice of proposed rent increase must include—

(a) the amount of the rent increase; and 30

(b) the method by which the rent increase was calculated; and




(c) a statement informing the SDA resident of the SDA resident's right under section 498ZG to apply within 30 days after the notice is given to the Director to investigate and report on the 5 proposed rent.".

173 Limit on payment in advance At the foot of section 498ZC of the Residential Tenancies Act 1997 insert—

"Penalty: 60 penalty units.". 10

174 Where and how is rent to be paid? (1) In section 498ZD of the Residential Tenancies

Act 1997, for "The rent" substitute "Subject to this section, the rent".

(2) At the end of section 498ZD of the Residential 15 Tenancies Act 1997 insert—

"(2) An SDA provider or that person's agent must not require an SDA resident to pay rent by a cheque or other negotiable instrument that is post-dated. 20


(3) An SDA provider or that person's agent must ensure that a rent payment method that incurs no additional costs (other than bank fees or account fees payable on the SDA 25 resident's bank account) is reasonably available to the SDA resident.


(4) Without limiting how rent is paid, an SDA provider or that person's agent must permit 30 the SDA resident to pay the rent by the following payment methods—




(a) the bill paying service known as Centrepay administered by the Department of Human Services of the Commonwealth;

(b) any prescribed payment method. 5

(5) Without limiting subsection (4), by agreement, the SDA provider and the SDA resident may change the manner in which rent is payable under the SDA residency agreement. 10

(6) The SDA provider or that person's agent must give the SDA resident information about any costs (including third party transaction fees, direct debit dishonour fees and any other electronic payment facility 15 fees) that the SDA resident may incur by using a particular payment method before the SDA resident consents to use the payment method.".

175 Receipts for rent 20

(1) For the penalty at the foot of section 498ZE(1) of the Residential Tenancies Act 1997 substitute—


(2) For the penalty at the foot of section 498ZE(2) of the Residential Tenancies Act 1997 substitute— 25


(3) For the penalty at the foot of section 498ZE(3) of the Residential Tenancies Act 1997 substitute—


176 SDA resident's goods not to be taken for rent 30

For the penalty at the foot of section 498ZF of the Residential Tenancies Act 1997 substitute—





177 Certain charges prohibited (1) For the penalty at the foot of section 498ZL(1) of

the Residential Tenancies Act 1997 substitute—


(2) For the penalty at the foot of section 498ZL(2) of 5 the Residential Tenancies Act 1997 substitute—


(3) For the penalty at the foot of section 498ZL(3) of the Residential Tenancies Act 1997 substitute—




(5) In section 498ZL(5)(b) of the Residential Tenancies Act 1997, after "facilities" insert 15 "or any other electronic payment facility".



178 SDA provider's liability for various utility charges 20

(1) In section 498ZM of the Residential Tenancies Act 1997—

(a) in paragraph (b), for "dwelling." substitute "dwelling; and";

(b) after paragraph (b) insert— 25

"(c) all rates, taxes or charges payable under any Act other than charges payable by the SDA resident under this Part.".




(2) At the end of section 498ZM of the Residential Tenancies Act 1997 insert—

"(2) If an SDA resident has been charged for excessive usage of a service at the SDA enrolled dwelling caused by a fault in 5 infrastructure or any fixtures or buildings at or connected to the SDA enrolled dwelling, the SDA provider is liable for that part of the charge that is additional to an amount of ordinary usage by the SDA resident. 10

Example

Excessive usage charges caused by a leak in the underground pipe of a water service connected to an SDA enrolled dwelling.".

179 SDA provider must not seek overpayment for utility 15 charge

For the penalty at the foot of section 498ZN of the Residential Tenancies Act 1997 substitute—


180 Definitions—compensation and compliance 20

(1) In section 498ZO of the Residential Tenancies Act 1997, in the definition of duty provision—

(a) for paragraph (a) substitute— "(a) section 498M(1)(a), (b), (c), (d), (e)

or (f) or (2); or"; 25

(b) in paragraph (b), for "(2)(d) or (e)" substitute "(2)(d), (e) or (f)".

(2) In section 498ZO of the Residential Tenancies Act 1997 insert the following definition—

"breach of duty notice means a notice served 30 under section 498ZP;".




181 Breach of duty notice (1) In section 498ZP(2) of the Residential Tenancies

Act 1997 omit "intentionally".

(2) After section 498ZP(2) of the Residential Tenancies Act 1997 insert— 5

"(2A) An SDA resident does not breach a duty provision if any of the following have significantly contributed to the breach of the duty provision—

(a) in the case of damage to, or destruction 10 of, an SDA enrolled dwelling, fair wear and tear;

(b) in the case of damage to, or destruction of, an SDA enrolled dwelling, accidental damage; 15


(d) the reasonable use of any aids, equipment, fixtures and fittings used in the SDA enrolled dwelling; 20


(f) any behaviour arising from the SDA resident's disability including circumstances aggravating to the SDA 25 resident's disability or emotional wellbeing;






(i) circumstances suggesting that the SDA resident has been subjected to abuse or neglect.".

182 Matters which may be considered by Tribunal (1) In the heading to section 498ZR of the 5

Residential Tenancies Act 1997, for "which may" substitute "to".

(2) Section 498ZR(a) of the Residential Tenancies Act 1997 is repealed.

(3) At the end of section 498ZR of the Residential 10 Tenancies Act 1997 insert—

"(2) In hearing an application under section 498ZQ in respect of a breach of duty notice given to an SDA resident, the Tribunal must consider whether any of the 15 following significantly contributed to the breach of duty in respect of which the claim was made—

(a) in the case of damage to, or destruction of, property, fair wear and tear; 20

(b) in the case of damage to, or destruction of, property, accidental damage;


(d) the reasonable use of any aids, 25 equipment, fixtures and fittings used in the SDA enrolled dwelling;


(f) any behaviour arising from the SDA 30 resident's disability including circumstances aggravating to the SDA resident's disability or emotional wellbeing;




(g) a failure by a person to implement or comply with the SDA resident's support plan or NDIS behaviour support plan;

(h) the unauthorised use of a restrictive practice within the meaning of the 5 Disability Act 2006;

(i) circumstances suggesting that the SDA resident has been subjected to abuse or neglect.".

183 Orders of Tribunal 10

After section 498ZS(2) of the Residential Tenancies Act 1997 insert—

"(2A) In the case of an application under section 498ZQ, if after considering the matters specified in section 498ZR(2), the 15 Tribunal is not satisfied that an SDA provider was entitled to give the breach of duty notice, the Tribunal must dismiss the application and declare the notice to be invalid.". 20

184 Notice of temporary relocation (1) In section 498ZV(1) of the Residential Tenancies

Act 1997—

(a) after paragraph (c) insert—

"(ca) the SDA resident can no longer be 25 appropriately supported in the SDA enrolled dwelling;";

(b) for paragraph (e) substitute—

"(e) the SDA resident has caused serious damage or destroyed any part of the 30 SDA enrolled dwelling;";

(c) in paragraph (i), after "repair" insert ", renovate or reconstruct".




(2) After section 498ZV(2) of the Residential Tenancies Act 1997 insert—

"(2A) An SDA provider must not give a notice of temporary relocation on a ground specified in subsection (1)(e) to an SDA resident if 5 any of the following have significantly contributed to the serious damage or destruction caused—

(a) fair wear and tear;

(b) accidental damage; 10


(d) the reasonable use of any aids, equipment, fixtures and fittings used in the SDA enrolled dwelling; 15


(f) any behaviour arising from the SDA resident's disability including circumstances aggravating to the SDA 20 resident's disability or emotional wellbeing;



(i) circumstances suggesting that the SDA resident has been subjected to abuse or 30 neglect.".




(3) In section 498ZV(4) of the Residential Tenancies Act 1997, for "and the Public Advocate" substitute ", the Public Advocate and the Director".

(4) For the penalty at the foot of section 498ZV(4) of 5 Residential Tenancies Act 1997 substitute—


(5) In section 498ZV(5) of the Residential Tenancies Act 1997, after "Public Advocate" insert "and the Director". 10

(6) For the penalty at the foot of section 498ZV(5) of Residential Tenancies Act 1997 substitute—


(7) In section 498ZV(6) of the Residential Tenancies Act 1997 for ", before the notice of temporary 15 relocation expires, to provide an opportunity for the SDA resident's support plan to be reviewed" substitute "as soon as possible".

(8) In section 498ZV(7) of the Residential Tenancies Act 1997, after "alternative accommodation" 20 insert "that is suitable for the SDA resident".

(9) In section 498ZV(9)(b) of the Residential Tenancies Act 1997, for "respite" substitute "short-term accommodation".

185 Termination of SDA residency agreement 25

(1) For section 498ZW(b)(ii) of the Residential Tenancies Act 1997 substitute—

"(ii) if a possession order is made, at the end of the day before the day on which the possession of the SDA enrolled dwelling is 30 delivered up to the SDA provider;".




(2) For section 498ZW(g) of the Residential Tenancies Act 1997 substitute—

"(g) if the SDA resident is deemed to have abandoned the SDA enrolled dwelling under section 498ZWA;". 5

(3) Section 498ZW(h) and (i) of the Residential Tenancies Act 1997 are repealed.

(4) At the end of section 498ZW of the Residential Tenancies Act 1997 insert—

"(2) For the purposes of subsection (1)(j), an 10 SDA resident must give an SDA provider a notice of intention to terminate.

(3) A notice of intention to terminate must—

(a) be given in writing; and

(b) specify the date on which the SDA 15 resident intends to terminate the SDA residency agreement.

(4) A notice of intention to terminate may be given in writing on behalf of the SDA resident by the SDA resident's guardian or 20 the SDA resident's administrator, if any.

(5) The SDA provider must notify the following persons of the details of a notice of intention to terminate given under subsection (2) within 24 hours of the notice being received 25 by the SDA provider—

(a) if the notice was given by an SDA recipient, the Chief Executive Officer of the NDIA;

(b) the Public Advocate; 30




(c) if the notice was not given under subsection (4), the SDA resident's guardian or the SDA resident's administrator, as the case requires;

(d) the Director.". 5

186 New section 498ZWA inserted After section 498ZW of the Residential Tenancies Act 1997 insert—

"498ZWA Order of Tribunal that premises are abandoned 10

(1) If an SDA provider believes that an SDA resident has abandoned an SDA enrolled dwelling, the SDA provider may apply to the Tribunal for an order declaring that the SDA resident has abandoned it. 15

(2) An application under subsection (1) must be heard by the Tribunal within 5 business days after the application is made.

(3) On an application under subsection (1), the Tribunal by order may declare that the SDA 20 enrolled dwelling was abandoned by the SDA resident on a day specified by the Tribunal.

(4) The SDA resident is deemed to have abandoned the SDA enrolled dwelling on 25 that specified day.".

187 Notice to vacate by SDA provider (1) For section 498ZX(1)(e) and (f) of the

Residential Tenancies Act 1997 substitute—

"(e) the SDA resident can no longer be 30 appropriately supported in the SDA enrolled dwelling; or




(f) the SDA resident has caused serious damage or destroyed any part of the SDA enrolled dwelling; or".

(2) In section 498ZX(1) of the Residential Tenancies Act 1997— 5

(a) in paragraph (h), for ", reconstruct or demolish" substitute "or reconstruct";

(b) after paragraph (h) insert—

"(ha) the SDA provider intends to demolish the SDA enrolled dwelling immediately 10 after the termination date and has obtained all necessary permits and consents to carry out the demolition and the demolition cannot be properly carried out unless the SDA resident 15 vacates the SDA enrolled dwelling; or".

(3) At the foot of section 498ZX(1)(h) of the Residential Tenancies Act 1997 insert— "Note

See section 498ZZZPA.". 20

(4) Section 498ZX(1)(i) and (j) of the Residential Tenancies Act 1997 are repealed.

(5) After section 498ZX(4) of the Residential Tenancies Act 1997 insert—

"(4A) An SDA provider must not give an SDA 25 resident a notice to vacate on a ground specified in subsection (1)(f) or (1)(l) if any of the following have significantly contributed to the serious damage or destruction caused, or the failure to comply 30 with an order—

(a) in the case of damage to, or destruction of, an SDA enrolled dwelling, fair wear and tear;




(b) in the case of damage to, or destruction of, an SDA enrolled dwelling, accidental damage;

(c) the reasonable use of the SDA enrolled dwelling; 5

(d) the reasonable use of any aids, equipment, fixtures and fittings used in the SDA enrolled dwelling;

(e) the act or omission of a person who is not the SDA resident; 10

(f) any behaviour arising from the SDA resident's disability including circumstances aggravating to the SDA resident's disability or emotional wellbeing; 15

(g) a failure by a person to implement or comply with the SDA resident's support plan or NDIS behaviour support plan;

(h) the unauthorised use of a restrictive practice within the meaning of the 20 Disability Act 2006;

(i) circumstances suggesting that the SDA resident has been subjected to abuse or neglect.

(4B) An SDA provider must not give an SDA 25 resident a notice to vacate under subsection (1)(l) if the Tribunal's order under section 498ZS was in respect of a breach of duty notice given under section 498N(2)(f).".

(6) After section 498ZX(6)(a) of the Residential 30 Tenancies Act 1997 insert—

"(ab) must specify that the SDA resident may apply to the Tribunal under section 498ZZC for review of the notice within 90 days of the day on which the notice was issued; and 35




(ac) in the case of a notice to vacate given on a ground under subsection (1)(h) or (k), must be accompanied by documentary evidence, as approved by the Director from time to time, which supports the reasons for giving 5 the notice; and Note

See section 486A.".

(7) In section 498ZX(7) of the Residential Tenancies Act 1997, for "and the Public Advocate" 10 substitute ", the Public Advocate and the Director".

(8) For the penalty at the foot of section 498ZX(7) of the Residential Tenancies Act 1997 substitute—


(9) In section 498ZX(8) of the Residential Tenancies Act 1997, after "Public Advocate" insert "and the Director".

(10) For the penalty at the foot of section 498ZX(8) of the Residential Tenancies Act 1997 substitute— 20


(11) In section 498ZX(9) of the Residential Tenancies Act 1997, for ", before the notice to vacate expires, to provide an opportunity for the SDA resident's support plan to be reviewed" substitute 25 "as soon as possible".

188 Notice of intention to vacate by SDA resident In section 498ZZA(4) of the Residential Tenancies Act 1997—

(a) for "notice of being" substitute 30 "notice being";

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




(c) after paragraph (c) insert—

"(d) the Director.".

189 Withdrawal of notice After section 498ZZB(3) of the Residential Tenancies Act 1997 insert— 5

"(4) If a notice of withdrawal is given under this section, the SDA provider must give details of the notice of withdrawal to the Director within 14 days after the notice is given.".

190 New section 498ZZCA inserted 10

After section 498ZZC of the Residential Tenancies Act 1997 insert—

"498ZZCA Notice by owner (1) If an SDA provider under an SDA residency

agreement is not the owner of the SDA 15 enrolled dwelling to which the agreement relates, the owner may exercise a right of the SDA provider—

(a) to give the SDA resident a notice to vacate the SDA enrolled dwelling; or 20

(b) to recover possession of the SDA enrolled dwelling; or

(c) to give a breach of duty notice that applies to the SDA residency agreement. 25

(2) A notice to vacate given in accordance with a right conferred under subsection (1) does not have effect unless it specifies a termination date on or after the day on which the SDA provider's interest in the premises 30 ends.




(3) If the owner exercises a right conferred by subsection (1) in relation to an SDA residency agreement, Divisions 2, 9, 10, 11 and 13 have effect as if a reference to an SDA provider under an SDA residency 5 agreement included a reference to the owner.".

191 Notice to vacate by mortgagee (1) In section 498ZZD(3) of the Residential

Tenancies Act 1997, for "and the Public 10 Advocate" substitute ", the Public Advocate and the Director".

(2) For the penalty at the foot of section 498ZZD(3) of the Residential Tenancies Act 1997 substitute— 15


(3) In section 498ZZD(4) of the Residential Tenancies Act 1997, after "Public Advocate" insert "and the Director".

(4) For the penalty at the foot of section 498ZZD(4) 20 of the Residential Tenancies Act 1997 substitute—


192 Application for possession order by mortgagee At the end of section 498ZZF of the Residential 25 Tenancies Act 1997 insert—

"(2) An application under this section must be accompanied by a copy of any court order which shows the mortgagee's entitlement to possession and to exercise a power of sale.". 30




193 Order of Tribunal (1) In section 498ZZH(1) of the Residential

Tenancies Act 1997—

(a) in paragraph (b), for "withdrawn." substitute "withdrawn; and"; 5

(b) after paragraph (b) insert—

"(c) in the circumstances of the particular application, it is reasonable and proportionate having regard to section 498ZZHA.". 10

(2) After section 498ZZH(1) of the Residential Tenancies Act 1997 insert—

"(1A) The Tribunal must have regard to the Director's guidelines when determining an application for a possession order which is 15 supported by a notice to vacate.".

(3) In section 498ZZH(4) of the Residential Tenancies Act 1997—

(a) in paragraph (b), for "vacate." substitute "vacate; and"; 20

(b) after paragraph (b) insert—

"(c) in the circumstances of the particular application, it is reasonable and proportionate having regard to section 498ZZHA.". 25

194 New section 498ZZHA inserted After section 498ZZH of the Residential Tenancies Act 1997 insert—

"498ZZHA What is reasonable and proportionate For the purposes of determining whether it is 30 reasonable and proportionate to make a possession order, the Tribunal must have regard to the following—




(a) whether the matter giving rise to the possession order is trivial;

(b) whether the matter giving rise to the possession order was caused by a person other than the SDA resident; 5

(c) as the case requires, the behaviour of the SDA provider or the SDA provider's agent;

(d) the interests of other SDA residents living in the SDA enrolled dwelling; 10

(e) whether suitable alternative accommodation is likely to be available for the SDA resident's use;

(f) whether an order other than a possession order can be made; 15

(g) whether another course of action is reasonably available;

(h) any other matter the Tribunal considers relevant.".

195 Contents of possession order 20

After section 498ZZJ(1) of the Residential Tenancies Act 1997 insert—

"(1A) For the purposes of subsection (1)(a), if the Tribunal makes a possession order for an application which is supported by a notice to 25 vacate, in determining the day on which the SDA resident must vacate the SDA enrolled dwelling, the Tribunal must take into account any requirements the SDA resident may have to access suitable alternative 30 accommodation.".

196 Order not to be made in certain circumstances Section 498ZZK(b)(ii) of the Residential Tenancies Act 1997 is repealed.




197 Section 498ZZV substituted For section 498ZZV of the Residential Tenancies Act 1997 substitute—

"498ZZV Immediate issue of warrant if failure to pay rent during postponement 5

On the application of an SDA provider or mortgagee of an SDA enrolled dwelling, the Tribunal may order that a warrant of possession be issued without delay if the Tribunal is satisfied that, during any period 10 of postponement specified in an order under section 498ZZU, an SDA resident has failed to pay any rent accrued due.".

198 Reclaiming personal documents before disposal For the penalty at the foot of section 498ZZZA(2) 15 of the Residential Tenancies Act 1997 substitute—



199 Disposal of certain goods left behind (1) For section 498ZZZC(2) of the Residential

Tenancies Act 1997 substitute—

"(2) Despite subsection (1)(a), the SDA enrolled 25 dwelling owner must not remove and destroy or dispose of goods that have been left behind if those goods are prescribed goods.".

(2) Section 498ZZZC(3) of the Residential Tenancies Act 1997 is repealed. 30




200 Section 498ZZZD substituted For section 498ZZZD of the Residential Tenancies Act 1997 substitute—

"498ZZZD What must an SDA enrolled dwelling owner do about goods left behind? 5

(1) If a former SDA resident leaves behind goods (other than goods which may be removed and destroyed or disposed of under section 498ZZZC), the SDA enrolled dwelling owner must— 10

(a) take reasonable steps to give notice, in the form approved by the Director, to the former SDA resident that the goods have been left behind; and

(b) store the goods for a period of at least 15 14 days, beginning on the day on which the SDA enrolled dwelling owner gave the notice to the former SDA resident.

(2) A notice under subsection (1)(a) must include a statement informing the former 20 SDA resident of the former SDA resident's rights and obligations in relation to the goods left behind.

(3) The SDA enrolled dwelling owner may remove the goods from the SDA enrolled 25 dwelling and store them at a safe place.".

201 Section 498ZZZE repealed Section 498ZZZE of the Residential Tenancies Act 1997 is repealed.




202 Sections 498ZZZF and 498ZZZG substituted For sections 498ZZZF and 498ZZZG of the Residential Tenancies Act 1997 substitute—

"498ZZZF When SDA enrolled dwelling owner may sell or dispose of stored goods 5

(1) An SDA enrolled dwelling owner may sell or dispose of stored goods if the former SDA resident or other person who has a lawful right to the stored goods has not reclaimed them within 14 days, unless the SDA 10 enrolled dwelling owner has agreed or been ordered by the Tribunal to store the goods for longer than 14 days.

(2) An SDA enrolled dwelling owner who has agreed or been ordered by the Tribunal to 15 store stored goods for a period of more than 14 days may sell or dispose of the goods in any lawful manner after that period if the former SDA resident or other person who has a lawful right to the stored goods has not 20 reclaimed the goods.

498ZZZG Former SDA resident may request proceeds of sale of goods

(1) A former SDA resident or other person who has a lawful right to stored goods whose 25 stored goods are sold under this Division may request payment of the proceeds of the sale less the following amounts—

(a) the amount of any storage fee for the stored goods; 30

(b) the amount of the reasonable costs of the sale.




(2) The former SDA resident or other person who has a lawful right to the stored goods must make a request under subsection (1) within 6 months from the date of the sale.

(3) If the former SDA resident or other person 5 who has a lawful right to the stored goods has not made a request under subsection (1) within 6 months from the date of the sale, the SDA enrolled dwelling owner must pay into the Residential Tenancies Fund the proceeds 10 of the sale less the amounts in subsection (1)(a) and (b) within 30 days after the end of that 6 month period.


203 Section 498ZZZH repealed 15

Section 498ZZZH of the Residential Tenancies Act 1997 is repealed.

204 Section 498ZZZM substituted For section 498ZZZM of the Residential Tenancies Act 1997 substitute— 20

"498ZZZM What if an SDA enrolled dwelling owner refuses to store goods for more than 14 days? If a former SDA resident or other person who has a lawful right to the goods left 25 behind requests the SDA enrolled dwelling owner to store the goods for more than 14 days and the SDA enrolled dwelling owner refuses, the former SDA resident or other person may apply to the Tribunal for 30 an order requiring the SDA enrolled dwelling owner to store the goods for a period of more than 14 days.".




205 What orders can the Tribunal make? In section 498ZZZN(c) of the Residential Tenancies Act 1997, for "a declaration" substitute "an order".

206 Offence relating to entering SDA enrolled dwelling 5

For the penalty at the foot of section 498ZZZO of the Residential Tenancies Act 1997 substitute—


207 Offence to obtain possession etc. of SDA enrolled dwelling 10

(1) For the penalty at the foot of section 498ZZZP(1) of the Residential Tenancies Act 1997 substitute— "Penalty: 300 penalty units in the case of a

natural person; 15

750 penalty units in the case of a body corporate.".

(2) For the penalty at the foot of section 498ZZZP(2) of the Residential Tenancies Act 1997 substitute— 20



208 New section 498ZZZPA inserted 25

After section 498ZZZP of the Residential Tenancies Act 1997 insert—

"498ZZZPA Prohibition on letting premises used for SDA enrolled dwelling after notice

(1) An SDA provider who obtains possession of 30 an SDA enrolled dwelling in respect of which a notice to vacate has been given




under section 498ZX(1)(h) or (ha) must not enter into, or establish, an agreement under this Act with a person, to use the part of the dwelling to which the notice related, as a residence, before the end of 6 months after 5 the date on which the notice was given.

Penalty: 150 penalty units in the case of a natural person;

750 penalty units in the case of a body corporate. 10

(2) Subsection (1) does not apply if the Tribunal determines that—

(a) the SDA enrolled dwelling may be let; or

(b) an SDA residency agreement may be 15 entered into or established in respect of the SDA enrolled dwelling.

(3) Subsection (1) does not apply if—

(a) the dwelling ceases to be an SDA enrolled dwelling; or 20

(b) the owner or leaseholder of the SDA enrolled dwelling ceases to be registered under the NDIS to be a registered NDIS provider.".

209 Offence to make false representation—SDA 25 residency agreement

(1) In the heading to section 498ZZZQ of the Residential Tenancies Act 1997, after "false" insert "or fraudulent".

(2) In section 498ZZZQ of the Residential 30 Tenancies Act 1997 omit "and fraudulent".




(3) For the penalty at the foot of section 498ZZZQ of the Residential Tenancies Act 1997 substitute—



(4) At the end of section 498ZZZQ of the Residential Tenancies Act 1997 insert—

"(2) A person must not make, in relation to an SDA residency agreement or a proposed 10 SDA residency agreement or a right or duty under this Part, a fraudulent misrepresentation as to—

(a) a provision of this Part; or

(b) a term included or to be included in 15 the SDA residency agreement; or

(c) a matter affecting a person's rights or duties under this Part or an SDA residency agreement or proposed SDA residency agreement. 20

Penalty: 300 penalty units in the case of a natural person;


210 Offence to persuade person not to exercise rights or 25 take proceedings

For the penalty at the foot of section 498ZZZR of the Residential Tenancies Act 1997 substitute—

"Penalty: 300 penalty units in the case of a natural person; 30





211 Offence to aid, abet, counsel or procure commission of an offence

For the penalty at the foot of section 498ZZZS of the Residential Tenancies Act 1997 substitute—

"Penalty: 300 penalty units in the case of a 5 natural person;


212 Certain penalties prohibited For the penalty at the foot of section 498ZZZT of 10 the Residential Tenancies Act 1997 substitute—


750 penalty units in the case of a body corporate.". 15

Division 3—Other miscellaneous amendments 213 Notice of revocation of registration or enrolment (1) In section 498DA(1)(b)(iii) of the Residential

Tenancies Act 1997—

(a) for "tenancy agreement" substitute 20 "residential rental agreement";

(b) for "landlord" substitute "residential rental provider";

(c) for "section 237" substitute "section 91ZB".

(2) In section 498DA(2)(b)(iii) of the Residential 25 Tenancies Act 1997—

(a) for "tenancy agreement" substitute "residential rental agreement";

(b) for "landlord" substitute "residential rental provider"; 30

(c) for "section 237" substitute "section 91ZB".




214 Service of documents At the foot of section 506(3A) of the Residential Tenancies Act 1997 insert— "Note

See also section 498E for further requirements in respect of 5 notices given under Part 12A.".

Division 4—SDA residents—residential rental agreement

215 New Subdivision 3A inserted in Division 9 of Part 2 After Subdivision 3 of Division 9 of Part 2 of the 10 Residential Tenancies Act 1997 insert—

"Subdivision 3A—Termination of residential rental agreement because of coercion or deception of SDA resident

91YA Application for termination of residential 15 rental agreement because of coercion or deception of SDA resident

(1) An SDA resident who is a party to a residential rental agreement may apply to the Tribunal for any of the following orders on a 20 ground specified in subsection (2)—

(a) an order terminating the existing residential rental agreement;

(b) an order—

(i) terminating the existing residential 25 rental agreement; and

(ii) requiring the SDA provider who is a residential rental provider to enter a new residential rental agreement with the person who is 30 an SDA resident and other persons




(if any) specified in the application;

(c) if all the renters under the existing residential rental agreement are SDA residents, an order— 5

(i) terminating the residential rental agreement; and

(ii) requiring the SDA provider who is a residential rental provider to enter into, or establish, an SDA 10 residency agreement with each person who is a renter under the existing residential rental agreement.

(2) The following grounds are specified for the 15 purposes of subsection (1)—

(a) the SDA resident was coerced or deceived into entering into the residential rental agreement;

(b) the SDA resident did not receive an 20 information statement as required under section 498D before entering into the residential rental agreement;

(c) the SDA resident was given an information statement under 25 section 498D but did not receive an explanation of that statement under section 498E.

(3) For the purposes of a proceeding for an order under subsection (1), each of the following 30 persons is a party to the proceeding—

(a) the SDA resident or one of the following persons who may make an application on behalf of the SDA resident— 35




(i) the Director;

(ii) the SDA resident's guardian (if any);

(iii) the SDA resident's administrator (if any); 5

(iv) the Public Advocate;

(b) the SDA provider;

(c) any other party to the existing residential rental agreement;

(d) any other person specified in the 10 application as a party.

(4) An application under subsection (1) may be made without the consent of the SDA provider or any other party to the existing residential rental agreement. 15

(5) The Tribunal must hear an application under subsection (1)—

(a) within 3 business days of the application being made; or

(b) if the application cannot be heard 20 within the period referred to in paragraph (a), no later than the next available sitting day of the Tribunal after the end of that 3 business day period. 25

(6) If an application is made under subsection (1), any other action that could otherwise be taken in respect of the existing residential rental agreement is stayed until the Tribunal determines the application. 30




91YB Tribunal orders (1) On an application under section 91YA(1),

the Tribunal may—

(a) order the dismissal of the application; or 5

(b) if satisfied that the SDA resident was coerced or deceived into entering a residential rental agreement or that the SDA resident did not receive an information statement under 10 section 498D or an explanation of the information statement under section 498E—

(i) order the termination of the existing residential rental 15 agreement; or

(ii) order the termination of the existing residential rental agreement and that the SDA provider enter into a new 20 residential rental agreement with the SDA resident and other persons (if any) specified in the application; or

(iii) if all renters to the agreement are 25 SDA residents, order the termination of the existing residential rental agreement and require the SDA provider to enter into or establish an SDA residency 30 agreement with each SDA resident.

(2) If the Tribunal makes an order under subsection (1)(b), the Tribunal must specify the date on which the existing residential 35 rental agreement terminates.




(3) For the purposes of subsection (1)(b), the Tribunal may—

(a) adjourn the application to determine a termination date in consultation with the renters party to the existing 5 residential rental agreement; or

(b) adjourn the application to allow the parties to the agreement to enter into a new residential rental agreement or to enter into, or establish, one or more 10 SDA residency agreements (as appropriate); or

(c) if, during an adjournment the parties to the residential rental agreement are—

(i) unable to enter into a new 15 residential rental agreement, direct the parties to enter into a new residential rental agreement on terms declared by the Tribunal; or

(ii) unable to enter into, or establish, 20 one or multiple SDA residency agreements (as appropriate), direct the parties to enter into one or multiple new SDA residency agreements (as appropriate) on 25 terms declared by the Tribunal.

(4) If the Tribunal makes an order under subsection (1)(b), having regard to any financial disadvantage suffered by the renter and regardless of any loss or damage 30 suffered by the SDA provider, the Tribunal may—




(a) order that any bond paid by the renter under the existing residential rental agreement be paid out by the Authority to the renter and, if there is more than one renter under the existing residential 5 rental agreement, apportion the bond to be paid out by the Authority between the renters; and

(b) revoke any compensation orders that have been issued against the renter. 10

(5) In determining an application under section 91YA(1), the Tribunal may take into account the Director's guidelines.".

216 Reduced period of notice of intention to vacate in certain circumstances 15

(1) In section 91ZB(1) of the Residential Tenancies Act 1997—

(a) in paragraph (f), for "2010." substitute "2010; or";

(b) after paragraph (f) insert— 20

"(g) the renter, who is an SDA resident, has been given a notice under section 498DA.".

(2) After section 91ZB(3) of the Residential Tenancies Act 1997 insert— 25

"(3A) A renter to whom subsection (1)(g) applies may give a residential rental provider who is, or was, an SDA provider, a notice of intention to vacate a premises that is, or was, an SDA enrolled dwelling, specifying a 30 termination date that is not less than 14 days after the date on which the notice is given.".




217 New section 420D inserted Before section 421 of the Residential Tenancies Act 1997 insert—

"420D Order by Tribunal if renter who is SDA resident is coerced etc. 5

If, on an application made to the Tribunal by a renter who is an SDA resident under section 91YA, the Tribunal makes an order in accordance with section 91YB(4), the Authority must pay out the bond to the renter 10 or renters (as appropriate) in accordance with the order of the Tribunal.".

Part 4—Amendment of other Acts




Division 1—Amendment of Disability Service Safeguards Act 2018

218 Definitions In section 3(1) of the Disability Service 5 Safeguards Act 2018—

(a) insert the following definitions—

"clearance means a current and operative decision made by an NDIS worker screening unit in relation to a person 10 who has undergone an NDIS worker screening check that the person is cleared to work with persons with a disability;

exclusion means a current and operative 15 decision made by an NDIS worker screening unit in relation to a person who has undergone an NDIS worker screening check that the person is excluded from working with persons 20 with a disability;

NDIS worker screening unit means the person or body responsible for conducting NDIS worker screening checks for a State or Territory under its 25 NDIS worker screening legislation;";

(b) the definition of NDIS worker screening agency is repealed;

(c) in the definition of NDIS worker screening check clearance omit "clearance". 30




219 Delegation For section 20(c) of the Disability Service Safeguards Act 2018 substitute—

"(c) a person referred to in section 32A(1) or (2);". 5

220 Establishment and constitution of the Victorian Disability Worker Commission

Section 21(2)(d) of the Disability Service Safeguards Act 2018 is repealed.

221 Repeal of section 24 10

Section 24 of the Disability Service Safeguards Act 2018 is repealed.

222 Delegation In section 25 of the Disability Service Safeguards Act 2018, for "employee of the 15 Commission or any person engaged by the Commission" substitute "person referred to in section 32A(1) or (2)".

223 Appointment of Victorian Disability Worker Commissioner 20

After section 26(2) of the Disability Service Safeguards Act 2018 insert—

"(3) The Public Administration Act 2004 (other than Part 3, except as provided by section 16 of that Act) applies to the 25 Commissioner in respect of the office of the Commissioner.".

224 Duties, functions and powers of the Commissioner In section 27(1)(c) of the Disability Service Safeguards Act 2018, after "under " insert 30 "this or".




225 New section 32A inserted After section 32 of the Disability Service Safeguards Act 2018 insert—

"32A Staff (1) There may be employed under Part 3 of the 5

Public Administration Act 2004 any persons who are necessary to assist the Commissioner or the Commission in exercising a power or performing a duty or function under this or any other Act. 10

(2) The Commissioner may engage a person with suitable qualifications or experience to assist the Commissioner or Commission in the exercise of a power or the performance of a duty or function under this or any other 15 Act.".

226 Investigation of complaints by Commission (1) For section 119(1)(b)(i) and (ii) of the Disability

Service Safeguards Act 2018 substitute—

"(i) has been issued an exclusion by an NDIS 20 worker screening unit; or

(ii) has had a clearance suspended or revoked by an NDIS worker screening unit; or".

(2) In section 119(1)(b)(iv) of the Disability Service Safeguards Act 2018 omit "clearance". 25

227 Power of Commission to conduct a Commission initiated investigation

(1) For section 121(b)(i) and (ii) of the Disability Service Safeguards Act 2018 substitute—

"(i) has been issued an exclusion by an NDIS 30 worker screening unit; or

(ii) has had a clearance suspended or revoked by an NDIS worker screening unit; or".




(2) In section 121(b)(iv) of the Disability Service Safeguards Act 2018 omit "clearance".

228 Grounds on which interim prohibition order may be made

(1) For section 131(c) of the Disability Service 5 Safeguards Act 2018 substitute—

"(c) the unregistered disability worker has been issued an exclusion or has had a clearance suspended or revoked by an NDIS worker screening unit;". 10

(2) In section 131(d) of the Disability Service Safeguards Act 2018 omit "clearance".

229 Grounds on which prohibition order may be made (1) In section 133(c) of the Disability Service

Safeguards Act 2018 omit "an NDIS worker 15 screening check".

(2) In section 133(d) of the Disability Service Safeguards Act 2018 omit "NDIS worker screening check".

(3) In section 133(e) of the Disability Service 20 Safeguards Act 2018 omit "clearance".

230 Registered disability worker or disability student to give Board notice of certain events

In section 207(3) of the Disability Service Safeguards Act 2018, in the definition of 25 relevant event—

(a) in paragraph (a)(x) omit "an NDIS worker screening check";

(b) in paragraph (a)(xi) omit "NDIS worker screening check"; 30

(c) in paragraph (a)(xiii) omit "clearance".




231 Board may ask registered disability worker for information

In section 209(1) of the Disability Service Safeguards Act 2018—

(a) in paragraph (h) omit "an NDIS worker 5 screening check";

(b) in paragraph (i) omit "NDIS worker screening check";

(c) in paragraph (j) omit "clearance".

232 Disclosure of information to other relevant entities 10

In section 241(2) of the Disability Service Safeguards Act 2018, in the definition of relevant entity, in paragraph (b), for "agency" substitute "unit".

233 NDIS worker screening check clearance 15

(1) In the heading to section 257 of the Disability Service Safeguards Act 2018 omit "clearance".

(2) In section 257(1)(a) and (b) and (2)(a) and (b) of the Disability Service Safeguards Act 2018—

(a) for "agency" substitute "unit"; 20

(b) omit "clearance".

(3) In section 257(3) of the Disability Service Safeguards Act 2018, for "agency" substitute "unit".

234 Repeal of sections 300 and 301 25

Sections 300 and 301 of the Disability Service Safeguards Act 2018 are repealed.




235 Section 309 substituted For section 309 of the Disability Service Safeguards Act 2018 substitute—

'309 Regulations After section 511(1)(h) of the Residential 5 Tenancies Act 1997 insert—

"(ha) prescribing a standard form of SDA residency agreement;

(hb) prescribing a person or body to which a matter relating to an SDA enrolled 10 dwelling may be referred;

(hc) prescribing a person or body for the purposes of section 505C(4);".'.

236 Statute law revision (1) In section 302 of the Disability Service 15

Safeguards Act 2018, in the proposed section 446(bc) to be inserted in the Residential Tenancies Act 1997, for 'dwelling; and."' substitute 'dwelling; and"'.

(2) In section 316(2) of the Disability Service 20 Safeguards Act 2018, for 'or "SDA' substitute '"or SDA'.

Division 2—Amendment of Residential Tenancies Amendment Act 2018

237 Definitions 25

(1) In section 5(1) of the Residential Tenancies Amendment Act 2018—

(a) in the definition of breach of duty notice proposed to be inserted in section 3(1) of the Residential Tenancies Act 1997, after 30 "notice" insert ", except in Division 9 of Part 12A,";




(b) for paragraph (a) of the definition of fair wear and tear proposed to be inserted in section 3(1) of the Residential Tenancies Act 1997 substitute—

"(a) reasonable use of— 5

(i) the premises by a renter or a visitor; or

(ii) the SDA enrolled dwelling by an SDA resident; and";

(c) in the definition of notice of intention to 10 vacate proposed to be inserted in section 3(1) of the Residential Tenancies Act 1997, after paragraph (d) insert—

"(e) in relation to an SDA enrolled dwelling under an SDA residency agreement, a 15 notice of intention to vacate under section 498ZZA;";

(d) in the definition of notice to vacate proposed to be inserted in section 3(1) of the Residential Tenancies Act 1997, after 20 paragraph (d) insert—

"(e) in relation to an SDA enrolled dwelling under an SDA residency agreement, a notice to vacate under section 498ZX;";

(e) in the definition of standard form proposed 25 to be inserted in section 3(1) of the Residential Tenancies Act 1997, for "Part 12" substitute "Parts 12 and 12A".

(2) Section 5(3)(e) of the Residential Tenancies Amendment Act 2018 is repealed. 30

238 New section 486A inserted In section 318 of the Residential Tenancies Amendment Act 2018, in proposed new section 486A to be inserted in the Residential




Tenancies Act 1997, for "and 206AZI(e)" substitute ", 206AZI(e) and 498ZX(1)(h), (ha) and (k)".

239 Repeal of sections 387 and 388 Sections 387 and 388 of the Residential 5 Tenancies Amendment Act 2018 are repealed.

Division 3—Amendment of Crimes (Mental Impairment and Unfitness to be Tried) Act 1997

240 Definitions In section 3(1) of the Crimes (Mental 10 Impairment and Unfitness to be Tried) Act 1997—

(a) in the definition of appropriate place—

(i) in paragraph (b), for "facility; or" substitute "facility;"; 15

(ii) paragraph (c) is repealed;

(b) in the definition of forensic resident omit "or a residential institution" (wherever occurring);

(c) the definition of residential institution is 20 repealed.

241 Supervision orders In section 26(9) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 omit "or a residential institution". 25

242 Warrant to arrest person subject to custodial supervision order who leaves Victoria

(1) In section 30B(1B)(a) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 omit "or a residential institution". 30




(2) In section 30B(3) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, for "service, residential treatment facility or residential institution" substitute "service or residential treatment facility". 5

243 Reports on mental condition of persons declared liable to supervision

In section 41(4) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, in the definition of appropriate 10 person—

(a) in paragraph (b)(i), for "facility, a residential institution" substitute "facility";

(b) paragraph (b)(ii)(B) is repealed.

244 Certificate of available services 15

(1) In section 47(1)(a)(i) and (ii) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, for "service, a residential treatment facility or a residential institution" substitute "service or a residential treatment facility". 20

(2) In section 47(1)(b)(i) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, for "service, a residential treatment facility or a residential institution" substitute "service or a residential treatment facility". 25

(3) In section 47(1)(b)(ii) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 omit "or a residential institution".

245 What are the surrounds? (1) In section 52(1) of the Crimes (Mental 30

Impairment and Unfitness to be Tried) Act 1997, for "service, a residential treatment facility or a residential institution" substitute "service or a residential treatment facility".




(2) In section 52(2) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997—

(a) for "service, a residential treatment facility or a residential institution" substitute 5 "service or a residential treatment facility";

(b) for "service, residential treatment facility or residential institution" substitute "service or residential treatment facility".

246 Transfer of persons from a participating State to 10 Victoria

(1) In the note at the foot of section 73E(3) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, for "service, a residential treatment facility or a residential institution" 15 substitute "service or a residential treatment facility".

(2) In section 73E(4) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997— 20

(a) in paragraph (b) omit "or a residential institution";

(b) in paragraph (d) omit "or a residential institution";

(c) in paragraph (d) omit "or the residential 25 institution".

247 Interim disposition order In section 73K(8)(b) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 omit "or a residential institution". 30




Division 4—Amendment of Mental Health Act 2014 248 Definitions

In section 3(1) of the Mental Health Act 2014—

(a) for paragraph (b) of the definition of mental health service provider substitute— 5

"(b) a publicly funded mental health community support service—

to the extent it provides services not funded by the National Disability Insurance Scheme within the meaning of the NDIS Act;"; 10

(b) insert the following definitions—

"NDIS Act means the National Disability Insurance Scheme Act 2013 of the Commonwealth;

NDIS Commission means the NDIS Quality 15 and Safeguards Commission established under section 181A of the NDIS Act;".

249 Functions of the Commissioner (1) In section 228(j) of the Mental Health Act 2014, 20

after "complaints and to" insert "provide information and".

(2) After section 228(j)(iv) of the Mental Health Act 2014 insert—

"(v) the Agency within the meaning of the NDIS 25 Act;

(vi) the NDIS Commission;".

250 Referred complaints In section 233(1) of the Mental Health Act 2014— 30

(a) in paragraph (j), for "1973." substitute "1973;";




(b) after paragraph (j) insert—

"(k) the NDIS Commission.".

251 New Division 2 inserted in Part 16A (1) Before section 428A of the Mental Health

Act 2014 insert— 5

"Division 1—Mental Health Amendment Act 2015".

(2) After section 428A of the Mental Health Act 2014 insert—

"Division 2—Disability (National 10 Disability Insurance Scheme Transition)

Amendment Act 2019 429 Definitions

In this Division—

Amending Act means the Disability 15 (National Disability Insurance Scheme Transition) Amendment Act 2019;

commencement day means the day on which section 248 of the Amending Act 20 comes into operation;

National Disability Insurance Scheme means the National Disability Insurance Scheme within the meaning of the NDIS Act. 25

430 Complaints to the Commissioner (1) Despite the amendments made by

section 248 of the Amending Act, on and after the commencement day, the Commissioner must continue to perform the 30 Commissioner's functions under Part 10 for the purposes of dealing with or resolving a




complaint in respect of a mental health service provider providing services funded by the National Disability Insurance Scheme before 1 July 2019 if—

(a) the complaint is made before the 5 commencement day; or

(b) the complaint is made on or after the commencement day and the complaint relates to matters that occurred before 1 July 2019. 10

(2) Despite the amendments made by section 248 of the Amending Act, on and after the commencement day, the Commissioner must continue to perform the Commissioner's functions under Part 10 for 15 the purposes of dealing with or resolving a complaint in respect of a mental health service provider providing services funded by the National Disability Insurance Scheme on and after 1 July 2019 if— 20

(a) the complaint is made before the service that is the subject of the complaint provided by the mental health service provider began being funded by the National Disability 25 Insurance Scheme; or

(b) the complaint is made on or after the day the service that is the subject of the complaint provided by the mental health service provider began being 30 funded by the National Disability Insurance Scheme and the complaint relates to matters that occurred before the service began being funded by the National Disability Insurance Scheme. 35




431 The chief psychiatrist (1) Despite the amendments made by

section 248 of the Amending Act, on and after the commencement day, the chief psychiatrist must continue to perform the 5 chief psychiatrist's functions under Division 2 of Part 7 for the purposes of conducting and completing an investigation into the provision of mental health services by a mental health service provider 10 providing services funded by the National Disability Insurance Scheme before 1 July 2019 if—

(a) the investigation begins before the commencement day; or 15

(b) the investigation begins on or after the commencement day and the investigation relates to the provision of mental health services provided before 1 July 2019. 20

(2) Despite the amendments made by section 248 of the Amending Act, on and after the commencement day, the chief psychiatrist must continue to perform the chief psychiatrist's functions under 25 Division 2 of Part 7 for the purposes of conducting and completing an investigation into the provision of mental health services by a mental health service provider providing services funded by the National 30 Disability Insurance Scheme on and after 1 July 2019 if—

(a) the investigation begins before the day the service that is the subject of the investigation provided by the mental 35 health service provider began being




funded by the National Disability Insurance Scheme; or

(b) the investigation begins on or after the day the service that is the subject of the investigation provided by the mental 5 health service provider began being funded by the National Disability Insurance Scheme and the investigation relates to matters that occurred before the day the service began being funded 10 by the National Disability Insurance Scheme.

432 Community visitors Despite the amendments made by section 248 of the Amending Act, on and 15 after the commencement day, a community visitor may continue to perform functions under section 216(b) and exercise related powers in Part 9 to assist persons receiving mental health services provided by a mental 20 health service provider funded by the National Disability Insurance Scheme before, on or after 1 July 2019, at prescribed premises, if the assistance provided by the community visitor relates to matters that 25 arose before the commencement day.".

Division 5—Amendment of other Acts 252 Child Wellbeing and Safety Act 2005

After section 41H(1)(d) of the Child Wellbeing and Safety Act 2005 insert— 30

"(da) the Commissioner of the NDIS Quality and Safeguards Commission within the meaning of Chapter 6A of the National Disability Insurance Scheme Act 2013 of the Commonwealth;". 35




253 Children's Services Act 1996 In section 5(1) of the Children's Services Act 1996—

(a) in paragraph (d), for "2006." substitute "2006;"; 5

(b) after paragraph (d) insert—

"(e) recipients of supports or services provided by a registered NDIS provider within the meaning of the National Disability Insurance Scheme Act 2013 10 of the Commonwealth.".

254 Children, Youth and Families Act 2005 (1) In section 3(1) of the Children, Youth and

Families Act 2005 insert the following definitions— 15

"NDIS provider has the same meaning as in the National Disability Insurance Scheme Act 2013 of the Commonwealth;

registered NDIS provider has the same meaning as in the National Disability Insurance 20 Scheme Act 2013 of the Commonwealth;".

(2) In section 3(1) of the Children, Youth and Families Act 2005, in the definition of information holder, after paragraph (l) insert—

"(la) the person in charge of an NDIS provider or 25 registered NDIS provider;".

(3) After section 161(2)(g) of the Children, Youth and Families Act 2005 insert—

"(ga) by a registered NDIS provider providing to the child under the NDIS short term 30 accommodation and assistance or supported independent living; or




(gb) by a disability service provider within the meaning of the Disability Act 2006; or".

(4) After section 263(1)(fa) of the Children, Youth and Families Act 2005 insert—

"(fb) the placement of the child with a registered 5 NDIS provider providing to the child under the NDIS short term accommodation and assistance or supported independent living; or".

(5) After section 597(1)(c)(vi) of the Children, 10 Youth and Families Act 2005 insert—

"(vii) with a registered NDIS provider; or".

(6) In section 597(4)(a) of the Children, Youth and Families Act 2005, after "with" insert "a registered NDIS provider, disability service 15 provider (within the meaning of the Disability Act 2006) or".

255 Commission for Children and Young People Act 2012

(1) In section 3 of the Commission for Children and 20 Young People Act 2012, after paragraph (c) of the definition of human service insert—

"(ca) a registered NDIS provider within the meaning of the National Disability Insurance Scheme Act 2013 of the Commonwealth; 25 or".

(2) After section 53(1)(d) of the Commission for Children and Young People Act 2012 insert—

"(da) the Commissioner of the NDIS Quality and Safeguards Commission referred to in 30 section 181C of the National Disability Insurance Scheme Act 2013 of the Commonwealth;".




256 Corrections Act 1986 (1) Section 56AB(1)(b) of the Corrections Act 1986

is repealed.

(2) In section 56AB(2)(c) of the Corrections Act 1986 omit "(1)(b) or ". 5

257 Crimes Act 1958 (1) In section 52A of the Crimes Act 1958, in the

definition of residential service, after paragraph (b) insert—

"(ba) an SDA enrolled dwelling within the 10 meaning of the Residential Tenancies Act 1997; and".

(2) In section 52A of the Crimes Act 1958, in the definition of service provider, after paragraph (a) insert— 15

"(ab) a registered NDIS provider within the meaning of the National Disability Insurance Scheme Act 2013 of the Commonwealth; and".

258 Criminal Procedure Act 2009 20

In section 3 of the Criminal Procedure Act 2009—

(a) in paragraph (e) of the definition of in detention omit "a residential institution or";

(b) in paragraph (e) of the definition of 25 responsible person omit "a residential institution or".

259 Family Violence Protection Act 2008 In Schedule 1 to the Family Violence Protection Act 2008, in item 4, for "128" substitute 30 "132ZC".




260 Gambling Regulation Act 2003 In section 10.3.6(b) of the Gambling Regulation Act 2003 omit "residential institutions and".

261 Guardianship and Administration Act 1986 (1) After section 18A(5)(c) of the Guardianship and 5

Administration Act 1986 insert—

"(ca) a short-term accommodation and assistance dwelling within the meaning of section 3(1) of the Disability Act 2006;

(cb) an SDA enrolled dwelling in respect of 10 which an SDA resident resides under an SDA residency agreement within the meaning of the Residential Tenancies Act 1997;".

(2) In section 18A(5)(c) of the Guardianship and 15 Administration Act 1986 omit ", residential institution".

262 Guardianship and Administration Act 2019 (1) In section 17(7) of the Guardianship and

Administration Act 2019, after paragraph (c) in 20 the definition of institution insert—

"(ca) a short-term accommodation and assistance dwelling within the meaning of section 3(1) of the Disability Act 2006;

(cb) an SDA enrolled dwelling in respect of 25 which an SDA resident resides under an SDA residency agreement within the meaning of the Residential Tenancies Act 1997;".

(2) In section 17(7) of the Guardianship and 30 Administration Act 2019, in paragraph (a) of the definition of institution omit ", residential institution".




263 Health Complaints Act 2016 In section 3(1) of the Health Complaints Act 2016, after paragraph (d) in the definition of relevant law insert—

"(e) the National Disability Insurance Scheme 5 Act 2013 of the Commonwealth;".

264 Health Records Act 2001 (1) In section 3(1) of the Health Records Act 2001

insert the following definition—

"NDIS Commissioner means Commissioner of 10 the NDIS Quality and Safeguards Commission established under section 181A of the National Disability Insurance Scheme Act 2013 of the Commonwealth;".

(2) In section 51(3) of the Health Records 15 Act 2001—

(a) in paragraph (c), for "1973—" substitute "1973; or";

(b) after paragraph (c) insert—

"(d) the National Disability Insurance 20 Scheme Act 2013 of the Commonwealth—";

(c) for "or the Ombudsman" substitute ", the Ombudsman or the NDIS Commissioner". 25

265 Independent Broad-based Anti-corruption Commission Act 2011

(1) In section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011, in paragraph (e) of the definition of detained person, 30 for "or residential treatment facility" substitute ", residential treatment facility or SDA enrolled dwelling".




(2) In section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011, in paragraph (e) of the definition of detained person omit ", residential institution".

266 Medical Treatment Planning and Decisions Act 2016 5

In section 3(1) of the Medical Treatment Planning and Decisions Act 2016, in the definition of health facility—

(a) in paragraph (c), for "group home" substitute "residential service"; 10

(b) after paragraph (c) insert—

"(ca) an SDA enrolled dwelling within the meaning of the Residential Tenancies Act 1997; and".

267 Ombudsman Act 1973 15

In section 28(1) and (1A) of the Ombudsman Act 1973 omit ", residential institution".

268 Public Administration Act 2004 After section 16(1)(ke) of the Public Administration Act 2004 insert— 20

"(kf) the Victorian Disability Worker Commissioner in relation to the office of the Commissioner under the Disability Service Safeguards Act 2018;".

269 Sentencing Act 1991 25

(1) In section 80(3)(b) and (5) of the Sentencing Act 1991, after "Department of" insert "Health and".

(2) In section 82AA of the Sentencing Act 1991, after "Department of" (wherever occurring) insert 30 "Health and".




270 Serious Offenders Act 2018 (1) In section 284(6) of the Serious Offenders

Act 2018—

(a) in paragraph (s) of the definition of relevant Act, for "Commonwealth;" substitute 5 "Commonwealth; or";

(b) in the definition of relevant Act, after paragraph (s) insert—

"(t) the National Disability Insurance Scheme Act 2013 of the 10 Commonwealth;";

(c) in the definition of relevant person, after paragraph (zh) insert—

"(zha) an NDIS provider, and a registered NDIS provider, within the meaning of 15 the National Disability Insurance Scheme Act 2013 of the Commonwealth; or".

(2) In section 287(2) of the Serious Offenders Act 2018— 20

(a) in paragraph (e), for "2014." substitute "2014; or";


"(f) a registered NDIS provider within the meaning of the National Disability 25 Insurance Scheme Act 2013 of the Commonwealth.".

271 Summary Offences Act 1966 In item 3 of Schedule 1 to the Summary Offences Act 1966 omit ", residential institution". 30




272 Working with Children Act 2005 After section 42B(2) of the Working with Children Act 2005 insert—

"(3) Nothing in this Act prevents the Secretary notifying the Secretary to the Department of 5 Health and Human Services of any information about a person who holds a current assessment notice or who has made an application for an assessment notice if that information is relevant to assessing the 10 person's suitability to work with persons with a disability or NDIS participants within the meaning of the Disability Act 2006.".

273 Victorian Civil and Administrative Tribunal Act 1998 15

In Schedule 2 to the Victorian Civil and Administrative Tribunal Act 1998, for "section 355 of the Residential Tenancies Act 1997" substitute "section 355 or 498ZZR of the Residential Tenancies Act 1997". 20

274 Victorian Inspectorate Act 2011 (1) In section 3(1) of the Victorian Inspectorate

Act 2011, in paragraph (e) of the definition of detained person, after "residential service," insert "SDA enrolled dwelling,". 25

(2) In section 3(1) of the Victorian Inspectorate Act 2011, in paragraph (e) of the definition of detained person omit ", residential institution".

275 Voluntary Assisted Dying Act 2017 In section 3(1) of the Voluntary Assisted Dying 30 Act 2017, after paragraph (c) of the definition of professional care services insert—




"(d) services provided by a registered NDIS provider within the meaning of the National Disability Insurance Scheme Act 2013 of the Commonwealth;".

Part 5—Repeal of this Act



Part 5—Repeal of this Act 276 Repeal of this Act

This Act is repealed on 1 July 2021. Note

The repeal of this Act does not affect the continuing operation of 5 the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

═════════════

Endnotes



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.

By Authority. Government Printer for the State of Victoria.

http://www.legislation.vic.gov.au/

Documents

Disability (National Disability Insurance Scheme …...12 Death of security resident 6 13 Request for transfer to prison 6 14 Notice of transfer of security resident to another residential