Health Services (Supported Residential Services) Regulations 2001
i
Health Services (Supported Residential Services)
Regulations 2001
S.R. No. 141/2001
TABLE OF PROVISIONS
Regulation Page
PART 1—PRELIMINARY 1
1. Objectives 1
2. Authorising provision 1
3. Revocations 2
4. Definitions 2
PART 2ADMINISTRATION AND REGISTRATION 3
5. Application for approval in principle 3
6. Application for transfer or variation of a certificate of approval in
principle 3
7. Application for registration 3
8. Annual fee 3
9. Application for renewal of registration 4
10. Application for transfer or variation of registration 4
11. Seizure notice 4
12. Display of certificate of registration 5
13. Copy of Act and regulations 5
PART 3STANDARDS OF RESIDENT CARE 6
14. Choice of health service providers 6
15. Resident care plans 6
16. Activities 8
17. Privacy, dignity and security of residents 8
18. Personal hygiene of residents 9
19. Medication prescribed for residents 10
20. Other medication for residents 11
21. Suitable nutrition for residents 12
PART 4FACILITIES AND FIXTURES 13
-- 1 of 41 --
Regulation Page
ii
22. Home-like environment 13
23. Heating and cooling 13
24. Lighting 13
25. First aid kit 13
26. Grab rails 13
27. Bedside lighting 14
28. Power outlets 14
29. Identification of rooms 14
30. Maintenance and cleanliness of supported residential service 15
31. Communications systems in supported residential service 16
32. Supply of water must be safe 16
PART 5SUPERVISION AND STAFFING 17
33. Personal care co-ordinator 17
34. Resignation or termination of employment of personal care
co-ordinator 18
35. Minimum staff requirements 20
36. Residents not to be employed 21
PART 6PROCEDURES FOR RESIDENT COMPLAINTS 22
37. Complaint procedures 22
PART 7INFORMATION AND RECORDS 23
38. Information for prospective residents and other interested
persons 23
39. Residential statementsprescribed information 24
40. Resident records 24
41. Staff records 26
42. Accident records 27
43. Record of resident transfer 27
44. Community visitor records 28
__________________
SCHEDULES 29
SCHEDULE 1—Regulations revoked 29
SCHEDULE 2—Application for approval in principlesupported
residential service 30
SCHEDULE 3—Application for transfer of a certificate of approval
in principlesupported residential service 31
SCHEDULE 4—Application for variation of a certificate of approval
in principlesupported residential service 32
-- 2 of 41 --
Regulation Page
iii
SCHEDULE 5—Application for registrationsupported residential
service 33
SCHEDULE 6—Application for renewal of registrationsupported
residential service 34
SCHEDULE 7—Application for transfer of registrationsupported
residential service 35
SCHEDULE 8—Application for variation of registrationsupported
residential service 36
SCHEDULE 9—Notice of seizure of documents or things from a
supported residential service 37
SCHEDULE 10—Record of visits by community visitors 38
═══════════════
-- 3 of 41 --
1
STATUTORY RULES 2001
S.R. No. 141/2001
Health Services Act 1988
Health Services (Supported Residential Services)
Regulations 2001
The Governor in Council makes the following Regulations:
Dated: 4 December 2001
Responsible Minister:
JOHN THWAITES
Minister for Health
HELEN DOYE
Clerk of the Executive Council
PART 1—PRELIMINARY
1. Objectives
The objectives of these Regulations are to—
(a) further provide for the administration of the
Health Services Act 1988 in respect of
supported residential services; and
(b) prescribe minimum standards for the care
and wellbeing of residents and the
installation of certain facilities and fixtures
in those services; and
(c) prescribe various forms, fees and other
matters which that Act authorises to be
prescribed by regulation.
2. Authorising provision
-- 4 of 41 --
S.R. No. 141/2001
Health Services (Supported Residential Services) Regulations
2001
2
These Regulations are made under section 158 of
the Health Services Act 1988.
3. Revocations
The Regulations listed in Schedule 1 are revoked.
4. Definitions
In these Regulations
"administrator" means the resident's attorney
appointed under an enduring power of
attorney to administer the resident's property
or a person appointed by a court or board as
the administrator of the resident's property;
"guardian" means a guardian within the meaning
of the Guardianship and Administration
Act 1986 or a person appointed as a guardian
by a court;
"health service provider" means a person who
provides a service to a resident for, or
purportedly for, the benefit of the resident by
maintaining, improving or restoring the
resident's health and wellbeing;
"resident" means a resident of a supported
residential service;
"the Act" means the Health Services Act 1988.
_______________
r. 2
-- 5 of 41 --
S.R. No. 141/2001
Health Services (Supported Residential Services) Regulations
2001
3
PART 2ADMINISTRATION AND REGISTRATION
5. Application for approval in principle
For the purposes of section 70(2) of the Act
(a) the prescribed form of an application for
approval in principle is the form in
Schedule 2; and
(b) the prescribed fee is $210.00.
6. Application for transfer or variation of a certificate of
approval in principle
For the purposes of section 74 of the Act
(a) the prescribed form of an application for
transfer of a certificate of approval in
principle is the form in Schedule 3; and
(b) the prescribed form of an application for
variation of a certificate of approval in
principle is the form in Schedule 4; and
(c) the prescribed fee to accompany an
application referred to in either paragraph (a)
or (b) is $140.00.
7. Application for registration
For the purposes of section 82(2) of the Act
(a) the prescribed form for an application for
registration is the form in Schedule 5; and
(b) the prescribed fee is $480.00.
8. Annual fee
For the purposes of section 87 of the Act, the
prescribed annual fee is $120.00.
r. 5
-- 6 of 41 --
S.R. No. 141/2001
Health Services (Supported Residential Services) Regulations
2001
4
9. Application for renewal of registration
For the purposes of section 88(2) of the Act
(a) the prescribed form of an application for
renewal of registration is the form in
Schedule 6; and
(b) the prescribed fee $330.00.
10. Application for transfer or variation of registration
For the purposes of section 92(2) of the Act
(a) the prescribed form for a variation of
registration, which is an application for
transfer of the certificate of registration to
another person, is the form in Schedule 7;
and
(b) the prescribed form for an application for
variation, other than an application for
transfer of the certificate of registration to
another person, is the form in Schedule 8;
and
(c) the prescribed fee for an application referred
to in paragraph (a) is $420.00; and
(d) the prescribed fee for an application referred
to in paragraph (b) is $140.00.
11. Seizure notice
For the purposes of section 147(2)(a) of the Act,
the prescribed form of the notice of seizure is the
form in Schedule 9.
r. 9
-- 7 of 41 --
S.R. No. 141/2001
Health Services (Supported Residential Services) Regulations
2001
5
12. Display of certificate of registration
The proprietor of a supported residential service
must display the current certificate of registration
and any conditions to which the registration is
subject in a prominent position within the
supported residential service.
Penalty: 1 penalty unit.
13. Copy of Act and regulations
The proprietor of a supported residential service
must ensure that at least one up-to-date copy of
the Act and these Regulations are kept in that
service and that they are readily available for the
use of staff, residents and visitors at all times.
Penalty: 10 penalty units.
_______________
r. 12
-- 8 of 41 --
S.R. No. 141/2001
Health Services (Supported Residential Services) Regulations
2001
6
PART 3STANDARDS OF RESIDENT CARE
14. Choice of health service providers
The proprietor of a supported residential service
must take reasonable steps to ensure that a
resident has access to his or her choice of health
service providers.
Penalty: 20 penalty units.
15. Resident care plans
(1) A proprietor of a supported residential service
must cause to be prepared, in consultation with
the resident and where appropriate, his or her
relative or guardian, a written document, to be
called the resident's care plan, for each resident at
the service.
Penalty: 20 penalty units.
(2) The proprietor must include in a resident's care
plan
(a) the health, welfare and personal care needs
of the resident; and
(b) the services to be provided to the resident to
assist with those needs.
Penalty: 20 penalty units.
(3) The proprietor must cause a resident's care plan to
be prepared within 30 days after a person becomes
a resident.
Penalty: 20 penalty units.
(4) The proprietor must cause a resident's care plan to
be reviewed and updated—
(a) at least every 6 months from the date the first
care plan was prepared; or
r. 14
-- 9 of 41 --
S.R. No. 141/2001
Health Services (Supported Residential Services) Regulations
2001
7
(b) if the resident's health, welfare and personal
care needs change between such reviews, as
often as may be necessary to meet those
changed needs of the resident.
Penalty: 20 penalty units.
(5) The proprietor must ensure that any change to a
resident's care plan is prepared in consultation
with the resident and, where appropriate, his or
her relative or guardian.
Penalty: 20 penalty units.
(6) The proprietor must take reasonable steps to
ensure that consultation occurs with the resident's
health service providers in the preparation of—
(a) a resident's care plan; and
(b) any changes made to that plan.
Penalty: 20 penalty units.
(7) The proprietor must take reasonable steps to
ensure that the resident's care plan is carried out as
prepared.
Penalty: 20 penalty units.
(8) The proprietor must cause a resident's care plan
and any changes made to that plan to be readily
available to—
(a) staff at the service; and
(b) the resident's health service providers.
Penalty: 20 penalty units.
(9) The proprietor must permit a resident or the
resident's guardian to have access to the resident's
care plan when requested.
Penalty: 20 penalty units.
r. 15
-- 10 of 41 --
S.R. No. 141/2001
Health Services (Supported Residential Services) Regulations
2001
8
16. Activities
The proprietor of a supported residential service
must take reasonable steps to
(a) provide personnel and facilities to enable
residents to engage in a range of activities
designed to maintain a reasonable quality of
life or arrange and co-ordinate the provision
of those activities for residents; and
(b) give all residents the opportunity and
assistance necessary to participate in those
activities.
Penalty: 20 penalty units.
17. Privacy, dignity and security of residents
For the purposes of section 108A of the Act,
reasonable steps to ensure that residents are
treated with dignity and respect and with regard to
their entitlement to privacy include reasonable
steps to ensure the following—
(a) the private property of a resident is not
taken, borrowed or given to another person
without the permission of the resident or his
or her guardian;
(b) residents are enabled to undertake personal
activities, including bathing, toileting and
dressing, in private;
(c) information about residents is treated
confidentially;
(d) residents are dressed in their own clean
clothing which is to be of their own choice
and which is appropriate for the climate and
time of day;
(e) residents are not subjected to unusual
routines, particularly with respect to bed
times, timing of meals, bathing and dressing;
r. 16
-- 11 of 41 --
S.R. No. 141/2001
Health Services (Supported Residential Services) Regulations
2001
9
(f) residents are not subjected to physical or
verbal abuse;
(g) residents have access to a telephone which
(i) may be used in private; and
(ii) is able to be used for incoming calls
when received at the service and for
making outgoing calls at any
reasonable time requested by the
resident; and
(iii) if people with disabilities are resident
in the service, is suitable for use by
people with those disabilities;
(h) screens are available for beds if the design or
shape of a bedroom does not permit a
resident to be private.
18. Personal hygiene of residents
For the purposes of section 108B of the Act,
reasonable steps to ensure that the personal
hygiene of all residents is maintained at the best
practicable level include reasonable steps to
ensure the following—
(a) each resident bathes or showers, or is bathed
or showered, at least every second day and
his or her hair is washed at least every 7
days;
(b) each resident has the choice to use his or her
own toiletries;
(c) the finger nails of each resident are trimmed
at least once each week, his or her toe nails
trimmed as required and at least once every
6 weeks and that professional foot care is
sought if any sign appears of foot
complications;
r. 18
-- 12 of 41 --
S.R. No. 141/2001
Health Services (Supported Residential Services) Regulations
2001
10
(d) medical or nursing assistance is sought for a
resident if any sign appears of bed sores or
other forms of breakdown of skin integrity;
(e) the teeth of each resident are cleaned at least
once each day, each resident has a dental
check by a dentist or other dental care
provider at least every 2 years and that any
necessary assistance is provided for a
resident in caring for and storing his or her
dentures;
(f) the assistance of a nursing or continence
service is sought to assess any resident
showing signs of incontinence and that a
continence care plan for the resident is
prepared in consultation with that service
and that the plan is implemented.
19. Medication prescribed for residents
(1) For the purposes of section 108C of the Act,
reasonable steps to maintain adequate standards of
storage, distribution and administration of
residents' prescribed medication include
reasonable steps to ensure the following—
(a) a resident's prescribed medication is
administered in accordance with the
instructions of the person who prescribed the
medication; and
(b) a resident's prescribed medications are
obtained promptly; and
(c) a record is kept of the medication prescribed
for each resident, and when and in what
dosage that prescribed medication is
administered; and
(d) no alteration is made to any label affixed to a
container supplied by the person who
dispensed the prescribed medication; and
r. 19
-- 13 of 41 --
S.R. No. 141/2001
Health Services (Supported Residential Services) Regulations
2001
11
(e) medical advice is obtained in the event that
the proprietor or a member of the staff
(i) maladministers or fails to administer a
medication to a resident; or
(ii) has reason to believe that a resident
who administers their prescribed
medication to himself or herself has
maladministered or failed to administer
that prescribed medication; and
(f) the proprietor or member of staff concerned
makes a written report on the
maladministration or failure referred to in
paragraph (e); and
(g) a resident who personally administers
prescribed medication to himself or herself
takes adequate precautions for the safe
storage of that prescribed medication; and
(h) each resident's prescribed medication is
given to the resident upon his or her
departure or transfer from the service to
another service or health agency; and
(i) a resident's prescribed medication is safely
disposed of if the resident no longer requires
that medication.
(2) Paragraphs (a) to (f) of sub-regulation (1) do not
apply in the case of a resident who personally
administers prescribed medication to himself or
herself.
20. Other medication for residents
For the purposes of section 108C of the Act,
reasonable steps to maintain adequate standards of
storage, distribution and administration of
r. 19
-- 14 of 41 --
S.R. No. 141/2001
Health Services (Supported Residential Services) Regulations
2001
12
residents' non-prescribed medication include
reasonable steps to ensure the following—
(a) medical advice or advice of a person who
dispenses prescribed medication is obtained
prior to administration of a non-prescribed
medication to a resident to ensure that the
medication is appropriate for the treatment of
the resident, taking into account the
prescribed medication that the resident is
taking; and
(b) a record is kept of all non-prescribed
medication administered to a resident by the
proprietor or a staff member, including when
and in what dosage that non-prescribed
medication is administered.
21. Suitable nutrition for residents
For the purposes of section 108D of the Act, a
proprietor of a supported residential service must
ensure that
(a) resident's choices in relation to food and
beverages are taken into consideration in
menu planning; and
(b) meals are provided at appropriate intervals
allowing adequate time for meals and
between meals; and
(c) meals are adequate in quantity and taste; and
(d) residents have ready access to adequate
supplies of potable water and other
appropriate beverages.
_______________
r. 20
-- 15 of 41 --
S.R. No. 141/2001
Health Services (Supported Residential Services) Regulations
2001
13
PART 4FACILITIES AND FIXTURES
22. Home-like environment
(1) The proprietor of a supported residential service
must take all reasonable steps to provide a home-
like environment for residents.
Penalty: 20 penalty units.
(2) For the purposes of sub-regulation (1)
"environment" includes the building design and
layout, decoration, arrangement of furniture and
the provision of accommodation for residents'
personal possessions.
23. Heating and cooling
The proprietor of a supported residential service
must maintain the temperature of the service
premises at a level that provides reasonable
comfort to residents.
Penalty: 100 penalty units.
24. Lighting
The proprietor of a supported residential service
must provide and operate sufficient lighting in
passages, stairways, bathrooms, shower rooms
and toilets to allow residents and staff to move
safely around the service premises.
Penalty: 100 penalty units.
25. First aid kit
The proprietor of a supported residential service
must provide and maintain a first aid kit for use at
the service.
Penalty: 20 penalty units.
26. Grab rails
r. 22
-- 16 of 41 --
S.R. No. 141/2001
Health Services (Supported Residential Services) Regulations
2001
14
The proprietor of a supported residential service
must ensure that grab rails are provided in each
toilet, shower room and bathroom for the safety of
residents.
Penalty: 20 penalty units.
27. Bedside lighting
The proprietor of a supported residential service
must ensure that every resident has access to a
bedside light in addition to the general room
lighting.
Penalty: 20 penalty units.
28. Power outlets
The proprietor of a supported residential service
must ensure that every bedroom is equipped with
sufficient general purpose power outlets to
accommodate electrical appliances and to obviate
the need for extension leads.
Penalty: 20 penalty units.
29. Identification of rooms
(1) The proprietor of a supported residential service
must ensure that
(a) a sketch plan of the service building—
(i) is located in an accessible position; and
(ii) clearly indicates the position of all
rooms, the number designated to each
bedroom and the name of the persons
that are accommodated in each
bedroom; and
(b) the sketch plan is amended to reflect any
relevant changes to the matters mentioned in
paragraph (a).
r. 26
-- 17 of 41 --
S.R. No. 141/2001
Health Services (Supported Residential Services) Regulations
2001
15
Penalty: 20 penalty units.
(2) The proprietor of a supported residential service
must ensure that each bedroom in the service
building is clearly marked with a number
corresponding to the designated number on the
sketch plan.
Penalty: 20 penalty units.
30. Maintenance and cleanliness of supported residential
service
For the purposes of section 108I(1)(d) of the Act,
the proprietor of a supported residential service
must
(a) keep the premises and facilities free from
flies, lice and other vermin; and
(b) keep the premises and facilities free from
any accumulation of materials which may
become offensive; and
(c) keep the premises and facilities free from
any accumulation of materials which may
become injurious to health; and
(d) keep the premises and facilities free from
any accumulation of materials which may
facilitate the outbreak of fire; and
(e) keep bedding and linen clean and in good
repair; and
(f) provide freshly laundered linen for every
new resident; and
(g) ensure that
r. 30
-- 18 of 41 --
S.R. No. 141/2001
Health Services (Supported Residential Services) Regulations
2001
16
(i) all solid and liquid waste and refuse is
removed at least once a day from all
rooms; and
(ii) every container used for solid or liquid
waste or refuse is thoroughly cleaned
after use.
31. Communications systems in supported residential
service
(1) For the purposes of section 108J of the Act, the
electronic communications system must
(a) enable calls to be made from each bedroom,
toilet, shower room and bathroom of the
service; and
(b) be operational at all times.
(2) If the electronic communications system referred
to in sub-regulation (1) is shut down for servicing
or fails to operate, the proprietor of a supported
residential service must ensure that a back-up
communications system commences operation
immediately the electronic communications
system is shut down or fails to operate.
32. Supply of water must be safe
For the purposes of section 108K of the Act
(a) hot and cold water must be supplied to all
showers, baths and hand basins used by
residents; and
(b) a system or mechanism must control the hot
water outlet temperature to baths and
showers used by residents to avoid the risk
of scalding.
_______________
r. 31
-- 19 of 41 --
S.R. No. 141/2001
Health Services (Supported Residential Services) Regulations
2001
17
PART 5SUPERVISION AND STAFFING
33. Personal care co-ordinator
(1) The proprietor of a supported residential service
must employ a person in the position of personal
care co-ordinator in the service who, on behalf of
or in co-ordination with the proprietor, is to be
responsible for the co-ordination and continuity of
the special or personal care provided in the
service.
Penalty: 10 penalty units.
(2) The proprietor of a supported residential service
must not employ a person as a personal care co-
ordinator unless the person—
(a) has been awarded a Certificate III in
Community Services (Aged Care Work) by a
TAFE college or other institution in
Australia; or
(b) has been awarded a Certificate III in
Community and Health Services, Personal
Carer by a TAFE college or other institution
in Australia; or
(c) holds a qualification that has been certified
as equivalent to either of the certificates
referred to in paragraph (a) or (b) by—
(i) the Overseas Qualifications Unit of the
Department of Infrastructure; or
(ii) the National Office of Overseas Skills
Recognition of the Commonwealth
Department of Employment, Education,
Training and Youth Affairs; or
(iii) a TAFE college or other institution in
Australia that conducts a course of
r. 33
-- 20 of 41 --
S.R. No. 141/2001
Health Services (Supported Residential Services) Regulations
2001
18
study leading to the certificate referred
to in paragraph (a) or (b).
Penalty: 10 penalty units.
(3) The proprietor of a supported residential service
must employ—
(a) a personal care co-ordinator full time for not
less than 38 hours a week; or
(b) two part-time personal care co-ordinators
whose combined hours of employment are
not less than 38 hours per week.
Penalty: 10 penalty units.
(4) Despite sub-regulations (1) and (3), the proprietor
of a supported residential service who is qualified
in accordance with sub-regulation (2) may carry
out the duties of a personal care co-ordinator
for all or some of the hours required by sub-
regulation (3).
(5) Despite sub-regulation (2), a registered medical
practitioner within the meaning of the Medical
Practice Act 1994 or a registered nurse within the
meaning of the Nurses Act 1993 may be
employed as a personal care co-ordinator.
34. Resignation or termination of employment of personal
care co-ordinator
(1) If the employment of a personal care co-ordinator
is terminated or a personal care co-ordinator
resigns, the proprietor of a supported residential
service must—
(a) notify the Secretary within 7 days; and
(b) employ a new personal care co-ordinator
within 12 weeks.
Penalty: 10 penalty units.
r. 34
-- 21 of 41 --
S.R. No. 141/2001
Health Services (Supported Residential Services) Regulations
2001
19
(2) The proprietor of a supported residential service
must employ an acting personal care co-ordinator
during any period when—
(a) there is a vacancy in the position of personal
care co-ordinator; or
(b) a personal care co-ordinator is—
(i) absent on leave; or
(ii) unable to perform adequately the
physical or intellectual work required
of a personal care co-ordinator.
Penalty: 10 penalty units.
(3) The proprietor of a supported residential service
must ensure that an acting personal care co-
ordinator is employed—
(a) full time for not less than 38 hours a week;
or
(b) part time in conjunction with another
personal care co-ordinator or acting personal
care co-ordinator provided that their
combined hours of employment are not less
than 38 hours a week.
Penalty: 10 penalty units.
(4) If an acting personal care co-ordinator is to be
employed for more than 12 weeks, the proprietor
of a supported residential service must ensure that
the person employed as the acting personal care
co-ordinator holds a qualification referred to in
regulation 33(2).
Penalty: 10 penalty units.
r. 34
-- 22 of 41 --
S.R. No. 141/2001
Health Services (Supported Residential Services) Regulations
2001
20
35. Minimum staff requirements
(1) For the purposes of section 108L of the Act, the
proprietor must ensure that during the day—
(a) at least one special or personal care staff
member, who may also be the person who is
employed as the personal care co-ordinator
for the service in accordance with
regulation 33, is employed and on duty for
each 30 residents or fraction of 30 at the
service; and
(b) if necessary, special or personal care staff are
employed, in addition to that required by
paragraph (a), to ensure that the special or
personal care requirements of each resident
are fully met in a timely manner.
(2) For the purposes of section 108L of the Act, the
proprietor must ensure that at night—
(a) at least one special or personal care staff
member is employed and available at the
service to meet any special or personal care
circumstance that a resident or residents may
require; and
(b) if necessary, special or personal care staff are
employed in addition to that required by
paragraph (b), to enable the premises to be
inspected as often as is required to ensure the
safety of the residents of the service.
(3) If necessary, the proprietor must ensure that
additional support staff are employed to assist in
the proper functioning of the service and to ensure
that the special and personal care staff are not
unduly hindered in their provision of the timely
and individual care needs of each resident.
r. 35
-- 23 of 41 --
S.R. No. 141/2001
Health Services (Supported Residential Services) Regulations
2001
21
(4) For the purposes of sub-regulations (1) and (2),
"during the day" and "at night" collectively
mean a consecutive period of 24 hours each day.
36. Residents not to be employed
The proprietor of a supported residential service
must not employ a resident to work in the service.
Penalty: 20 penalty units.
_______________
r. 36
-- 24 of 41 --
S.R. No. 141/2001
Health Services (Supported Residential Services) Regulations
2001
22
PART 6PROCEDURES FOR RESIDENT COMPLAINTS
37. Complaint procedures
(1) For the purposes of section 108G(1) of the Act,
the proprietor of a supported residential service
must—
(a) receive and deal with complaints from
residents or complaints made on behalf of
residents or nominate a member of staff to
receive and deal with those complaints; and
(b) provide the name of any nominee in writing
to the Secretary within 7 days of the making
of that nomination.
(2) The proprietor must ensure that
(a) all complaints are treated in a confidential
manner; and
(b) a written record is kept of every complaint
including
(i) the nature of the complaint; and
(ii) the date of the complaint; and
(iii) the action taken in respect of the
complaint; and
(c) all complaints are dealt with promptly; and
(d) every resident and member of staff is
informed of the complaints procedures; and
(e) the person making the complaint is informed
of any action taken in respect of the
complaint.
_______________
r. 37
-- 25 of 41 --
S.R. No. 141/2001
Health Services (Supported Residential Services) Regulations
2001
23
PART 7INFORMATION AND RECORDS
38. Information for prospective residents and other
interested persons
The proprietor of a supported residential service
must provide all persons that seek information
about the service with a document containing
current and accurate written information in respect
of the matters listed below
(a) the type of service being conducted; and
(b) the objectives and philosophies of the
management of the service; and
(c) the number of residents cared for at the
service; and
(d) the goods and services offered directly to
residents and all fees and charges applying to
those goods and services at the date the
information is given and the mechanisms by
which residents would be informed of any
changes to the provision of those goods and
services and the fees and charges applicable
to them; and
(e) the health and community services available
to residents from outside the service; and
(f) the times of routines affecting residents of
the service; and
(g) the procedures for receiving and handling
complaints, including the external avenues of
complaint available to residents; and
(h) the options for ongoing management of the
resident's financial and legal affairs.
Penalty: 5 penalty units.
r. 38
-- 26 of 41 --
S.R. No. 141/2001
Health Services (Supported Residential Services) Regulations
2001
24
39. Residential statements
prescribed information
For the purposes of section 106(2) of the Act, the
prescribed information to be included in the
residential statement is—
(a) the type of service being conducted; and
(b) the objectives and philosophies of the
management of the service; and
(c) the number of residents cared for at the
service; and
(d) the goods and services offered directly to
residents and all fees and charges applying to
those goods and services at the date the
information is given and the mechanisms by
which residents would be informed of any
changes to the provision of those goods and
services and the fees and charges applicable
to them; and
(e) the health and community services available
to residents from outside the service; and
(f) the times of routines affecting residents of
the service; and
(g) the procedures for receiving and handling
complaints, including the external avenues of
complaint available to residents; and
(h) the options for ongoing management of the
resident's financial and legal affairs.
40. Resident records
(1) For the purposes of section 109(1) of the Act the
prescribed manner of keeping records of each
resident is—
(a) in the English language; and
(b) by means of an effective records
management system that enables information
r. 39
-- 27 of 41 --
S.R. No. 141/2001
Health Services (Supported Residential Services) Regulations
2001
25
to be readily entered, maintained and
retrieved.
(2) For the purposes of section 109(1) of the Act the
prescribed particulars to be kept in respect of each
resident are
(a) full name; and
(b) date of birth; and
(c) sex; and
(d) nationality; and
(e) languages spoken; and
(f) religious preference (if any); and
(g) name and contact details of the resident's
relative or next of kin, guardian or
administrator (if any); and
(h) name and contact details of the resident's
medical practitioner and other health service
providers (if any); and
(i) name and contact details of the referring
body (if known); and
(j) pension number and type of pension (if held
by the resident and if known to the
proprietor); and
(k) date of admission; and
(l) room number.
(3) For the purposes of section 109(2) of the Act the
prescribed period that the record of a resident is to
be retained is
(a) if the resident is over 18 years, 7 years after
the resident is discharged; or
r. 40
-- 28 of 41 --
S.R. No. 141/2001
Health Services (Supported Residential Services) Regulations
2001
26
(b) if the resident is under 18 years of age, until
the resident or former resident is 25 years of
age; or
(c) if access to a resident's records is requested
for the purpose of legal proceedings
(i) within the 7 year period prescribed in
paragraph (a); or
(ii) within the final 7 years during which
records are required to be retained by
paragraph (b)
a further period of 7 years after receipt of
that request.
41. Staff records
(1) For the purposes of section 109(1) of the Act the
prescribed manner of keeping staff records is—
(a) in the English language; and
(b) by means of an effective records
management system that enables information
to be readily entered, maintained and
retrieved.
(2) For the purposes of section 109(1) of the Act the
prescribed particulars to be kept in respect of each
staff member are
(a) full name; and
(b) date of birth; and
(c) date of employment; and
(d) date employment terminated (if applicable);
and
(e) qualifications (if any); and
r. 41
-- 29 of 41 --
S.R. No. 141/2001
Health Services (Supported Residential Services) Regulations
2001
27
(3) For the purposes of section 109(2) of the Act the
prescribed period that the record of a staff
member is to be retained is 7 years from the date
of termination of employment of that staff
member.
42. Accident records
The proprietor must maintain a book with
consecutively numbered pages which records the
particulars of any accident or injury that occurs to
a resident.
Penalty: 20 penalty units.
43. Record of resident transfer
(1) The proprietor of a supported residential service
must ensure that
(a) a transfer form is completed in accordance
with sub-regulation (2) when a resident is
transferred to another supported residential
service or health care agency; and
(b) the original form is sent with the resident;
and
(c) a copy of the form is kept as part of the
resident's records at the transferring service.
Penalty: 20 penalty units.
(2) The transfer form must contain at least the
following particulars in relation to the resident
(a) resident's name, date of birth and sex; and
(b) nationality and languages spoken; and
(c) religious preference (if any); and
(d) name and contact details of a resident's
relative or next of kin, guardian or
administrator (if any); and
r. 42
-- 30 of 41 --
S.R. No. 141/2001
Health Services (Supported Residential Services) Regulations
2001
28
(e) the name of the transferring service and the
name of the service or agency where the
resident is transferred; and
(f) transfer date; and
(g) reason for transfer; and
(h) name and contact details of resident's
medical practitioner and other health service
providers (if any); and
(i) current medication; and
(j) details of any medication sent with the
resident; and
(k) pension number and type of pension (if held
by the resident and if known to the
proprietor);
(l) a note about accompanying reports sent with
the resident (if any).
44. Community visitor records
For the purposes of section 122 of the Act, the
prescribed form of the record to be kept by a
proprietor of a supported residential service in
respect of visits to the service undertaken by a
visitor is the form in Schedule 10.
__________________
r. 44
-- 31 of 41 --
S.R. No. 141/2001
Health Services (Supported Residential Services) Regulations
2001
29
SCHEDULES
SCHEDULE 1
Regulation 3
REGULATIONS REVOKED
S.R. No. Title
14/1991 Health Services (Residential Care) Regulations 1991
193/1991 Health Services (Residential Care) (Amendment)
Regulations 1991
20/1992 Health Services (Residential Care) (Fees) Regulations
1992
314/1992 Health Services (Residential Care) (Amendment)
Regulations 1992
329/1992 Health Services (Residential Care) (Registration Fee)
Regulations 1992
333/1992 Health Services (Residential Care) (Amendment No. 2)
Regulations 1992
89/1995 Health Services (Residential Care) (Amendment)
Regulations 1995
160/1996 Health Services (Residential Care) (Amendment)
Regulations 1996
131/1998 Health Services (Residential Care) (Amendment)
Regulations 1998
95/1999 Health Services (Residential Care) (Personal Care
Co-ordinators) Regulations 1999
—————————
Sch. 1
-- 32 of 41 --
S.R. No. 141/2001
Health Services (Supported Residential Services) Regulations
2001
30
SCHEDULE 2
Health Services (Supported Residential Services) Regulations 2001
Regulation 5
APPLICATION FOR APPROVAL IN
PRINCIPLESUPPORTED RESIDENTIAL SERVICE
SECTION A
Full name of applicant:
Postal address of applicant:
Contact person (if the applicant is a body corporate, provide the name of the
person responsible on behalf of the body corporate for the application and
state that person's relationship with the body corporate):
Telephone number of contact person during business hours:
Interest of applicant in the proposal to which this application relates:
SECTION B
Indicate the proposal to which this application relates (tick)
• use of particular land as a supported residential service;
• use of particular premises as a supported residential service;
• for premises proposed to be constructed for use as a supported
residential service;
• for alterations or extensions to premises used or proposed to be used as a
supported residential service;
• for a variation of the registration of a supported residential service being
an alteration in the number of beds to which the registration relates.
Address of the land or premises to which this application relates:
Signature of applicant(s)
Name of each signatory:
Date:
—————————
Sch. 2
-- 33 of 41 --
S.R. No. 141/2001
Health Services (Supported Residential Services) Regulations
2001
31
SCHEDULE 3
Health Services (Supported Residential Services) Regulations 2001
Regulation 6(a)
APPLICATION FOR TRANSFER OF A CERTIFICATE OF
APPROVAL IN PRINCIPLESUPPORTED RESIDENTIAL
SERVICE
Full name of applicant:
Postal address of applicant:
Contact person (if the applicant is a body corporate, provide the name of the
person responsible on behalf of the body corporate for the application and
state that person's relationship with the body corporate):
Telephone number of contact person during business hours:
Being the current holder(s) of certificate of approval in principle numbered:
Apply for transfer of the certificate to
Full name of transferee:
Postal address of transferee:
Contact person (if the transferee is a body corporate, provide the name of the
person responsible on behalf of the body corporate for the application and
state that person's relationship with the body corporate):
Telephone number of the contact person during business hours:
If the transferee is not the owner of the land to which the application relates,
state the name and postal address of the owner.
Address of the land or premises to which this application relates:
Signature of applicant(s)
Name of each signatory:
Date:
—————————
Sch. 3
-- 34 of 41 --
S.R. No. 141/2001
Health Services (Supported Residential Services) Regulations
2001
32
SCHEDULE 4
Health Services (Supported Residential Services) Regulations 2001
Regulation 6(b)
APPLICATION FOR VARIATION OF A CERTIFICATE OF
APPROVAL IN PRINCIPLESUPPORTED RESIDENTIAL
SERVICE
Full name of applicant:
Postal address of applicant:
Contact person (if the applicant is a body corporate, provide the name of the
person responsible on behalf of the body corporate for the application and
state that person's relationship with the body corporate):
Telephone number of contact person during business hours:
Being the current holder(s) of certificate of approval in principle numbered:
Apply for variation of the certificate to (tick)
• use of particular land or premises as a supported residential service;
• premises proposed to be constructed for use as a supported residential
service;
• alterations or extensions to premises used or proposed to be used as a
supported residential service;
• a variation of the registration of a supported residential service being an
alteration in the number of beds to which the registration relates;
• a condition to which the certificate is subject.
Set out details and reasons for the proposed variation:
Address of the land or premises to which this application relates:
Signature of applicant(s)
Name of each signatory:
Date:
—————————
Sch. 4
-- 35 of 41 --
S.R. No. 141/2001
Health Services (Supported Residential Services) Regulations
2001
33
SCHEDULE 5
Health Services (Supported Residential Services) Regulations 2001
Regulation 7
APPLICATION FOR REGISTRATIONSUPPORTED
RESIDENTIAL SERVICE
SECTION A
Full name of applicant (Note that the applicant must be the person who
intends to be the proprietor of the supported residential service):
Postal address of applicant:
Contact person (if the applicant is a body corporate provide the name of the
person responsible on behalf of the body corporate for the application and
state that person's relationship with the body corporate):
Telephone number of contact person during business hours:
SECTION B
Proposed name of service:
Address of service:
Is the applicant the owner or tenant of the premises?
If tenant, state the name and address of the owner and provide a copy of the
lease agreement:
State the total number of beds sought to be registered:
Signature of applicant(s)
Name of each signatory:
Date:
—————————
Sch. 5
-- 36 of 41 --
S.R. No. 141/2001
Health Services (Supported Residential Services) Regulations
2001
34
SCHEDULE 6
Health Services (Supported Residential Services) Regulations 2001
Regulation 9
APPLICATION FOR RENEWAL OF
REGISTRATIONSUPPORTED RESIDENTIAL SERVICE
Name of proprietor:
Postal address of proprietor:
Contact person (if the proprietor is a body corporate provide the name of the
person responsible on behalf of the body corporate for the application and
state that person's relationship with the body corporate):
Telephone number of contact person during business hours:
Name of supported residential service:
Address of supported residential service:
Certificate of registration number:
Expiry date:
Is the applicant the owner or tenant of the premises?
If tenant, state the name and address of the owner:
Signature of applicant(s)
Name of each signatory:
Date:
—————————
Sch. 6
-- 37 of 41 --
S.R. No. 141/2001
Health Services (Supported Residential Services) Regulations
2001
35
SCHEDULE 7
Health Services (Supported Residential Services) Regulations 2001
Regulation 10(a)
APPLICATION FOR TRANSFER OF
REGISTRATIONSUPPORTED RESIDENTIAL SERVICE
Full name of applicant:
Postal address of applicant:
Contact person (if the applicant is a body corporate, provide the name of the
person responsible on behalf of the body corporate for the application and
state that person's relationship with the body corporate):
Telephone number of contact person during business hours:
Name of supported residential service:
Address of supported residential service:
Being the current holder(s) of certificate of registration numbered:
Apply for transfer of the registration to
Full name of transferee:
Postal address of transferee:
Contact person (if the transferee is a body corporate, provide the name of the
person responsible on behalf of the body corporate for the application and
state that person's relationship with the body corporate):
Telephone number of the contact person during business hours:
If the transferee is not the owner of the land to which the application relates,
state the name and postal address of the owner:
Signature of applicant(s)
Name of each signatory:
Date:
—————————
Sch. 7
-- 38 of 41 --
S.R. No. 141/2001
Health Services (Supported Residential Services) Regulations
2001
36
SCHEDULE 8
Health Services (Supported Residential Services) Regulations 2001
Regulation 10(b)
APPLICATION FOR VARIATION OF
REGISTRATIONSUPPORTED RESIDENTIAL SERVICE
Full name of applicant:
Postal address of applicant:
Contact person (if the applicant is a body corporate, provide the name of the
person responsible on behalf of the body corporate for the application and
state that person's relationship with the body corporate):
Telephone number of contact person during business hours:
Name of health service establishment:
Address of health service establishment:
Apply for variation of registration to (tick)
• vary any condition to which the registration is subject;
• vary the number of beds to which the registration relates;
• change a registered private hospital or day procedure centre to a
registered supported residential service.
Set out details and reasons for the proposed variation:
Signature of applicant(s)
Name of each signatory:
Date:
—————————
Sch. 8
-- 39 of 41 --
S.R. No. 141/2001
Health Services (Supported Residential Services) Regulations
2001
37
SCHEDULE 9
Health Services (Supported Residential Services) Regulations 2001
Regulation 11
NOTICE OF SEIZURE OF DOCUMENTS OR THINGS FROM
A SUPPORTED RESIDENTIAL SERVICE
Name of supported residential service:
Address of supported residential service:
I, , being an authorised officer of the Department, am
(Print Full Name)
seizing under section 147 of the Health Services Act 1988 the documents or
things listed below.
The seized documents or things will be returned to place of seizure within 48
hours from the time of seizure.
DOCUMENTS OR THINGS SEIZED
1.
2.
3.
Signed: Date: Time:
(Authorised Officer)
Signed: Date: Time:
(Proprietor/staff member)
DOCUMENTS OR THINGS RETURNED
Signed: Date: Time:
(Authorised Officer)
Signed: Date: Time:
(Proprietor/staff member)
—————————
Sch. 9
-- 40 of 41 --
S.R. No. 141/2001
Health Services (Supported Residential Services) Regulations
2001
38
SCHEDULE 10
Health Services (Supported Residential Services) Regulations 2001
Regulation 44
RECORD OF VISITS BY COMMUNITY VISITORS*
Name of supported residential service:
Address of supported residential service:
Date:
Number of registered beds:
Beds occupied:
Name of Community Visitor: (PLEASE PRINT)
Arrival Time: Departure Time:
MATTERS DISCUSSED DURING VISIT
Name of person in charge: (PLEASE PRINT)
Signature of person in charge:
Signature of Community Visitor**:
* One form must be completed for each visit.
** If more than one visitor visits a supported residential service, each visitor
must sign this form.
═══════════════
Sch. 10
-- 41 of 41 --