Health Services (Residential Care) (Personal Care Co-ordinators) Regulations 1999

i Health Services (Residential Care) (Personal Care Co-ordinators) Regulations 1999 S.R. No. 95/1999 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. Principal Regulations 1 5. Definition 2 6. New regulation 506 substituted 2 506. Personal care co-ordinator 2 7. New regulation 508 substituted 2 508. Resignation or termination of employment of personal care co-ordinator 3 8. Delayed requirements 3 ═══════════════ NOTES 6 -- 1 of 7 -- 1 STATUTORY RULES 1999 S.R. No. 95/1999 Health Services Act 1988 Health Services (Residential Care) (Personal Care Co-ordinators) Regulations 1999 The Governor in Council makes the following Regulations: Dated: 27 July 1999 Responsible Minister: ROB KNOWLES Minister for Health SHANNON DELLAMARTA Acting Clerk of the Executive Council 1. Objective The objective of these Regulations is to make further provision for the employment of personal care co-ordinators and acting personal care co-ordinators at supported residential services. 2. Authorising provision These Regulations are made under section 158(1)(g) of the Health Services Act 1988. 3. Commencement (1) These Regulations, except regulation 8, come into operation on 1 August 1999. (2) Regulation 8 comes into operation on 1 January 2001. 4. Principal Regulations -- 2 of 7 -- S.R. No. 95/1999 Health Services (Residential Care) (Personal Care Co- ordinators) Regulations 1999 2 In these Regulations, the Health Services (Residential Care) Regulations 19911 are called the Principal Regulations. 5. Definition In regulation 106 of the Principal Regulations, the definition of "personal care co-ordinator" is revoked. 6. New regulation 506 substituted For regulation 506 of the Principal Regulations substitute— "506. Personal care co-ordinator (1) The proprietor of a supported residential service must employ in the service a personal care co-ordinator 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 services provided in the service which have been identified in the residents' service plans. (2) The proprietor of a supported residential service must notify the Chief General Manager of a personal care co-ordinator's name and work experience within 7 days of the start of the personal care co-ordinator's employment. Penalty: 10 penalty units. (3) Despite sub-regulation (1), the proprietor of a supported residential service may appoint himself or herself to carry out the duties of a personal care co-ordinator.". 7. New regulation 508 substituted r. 7 -- 3 of 7 -- S.R. No. 95/1999 Health Services (Residential Care) (Personal Care Co- ordinators) Regulations 1999 3 For regulations 508 and 509 of the Principal Regulations substitute— "508. 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 Chief General Manager within 7 days; and (b) employ a new personal care co- ordinator within 8 weeks. Penalty: 5 penalty units. (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 absent on leave or is unable to perform adequately the physical and intellectual work required of a personal care co-ordinator. (3) The proprietor of a supported residential service must notify the Chief General Manager, within 14 days after the employment of an acting personal care co-ordinator, of that person's name and work experience if the acting personal care co-ordinator is employed in that capacity for more than 7 days. Penalty: 10 penalty units.". 8. Delayed requirements r. 8 -- 4 of 7 -- S.R. No. 95/1999 Health Services (Residential Care) (Personal Care Co- ordinators) Regulations 1999 4 (1) In regulation 506(2) of the Principal Regulations, after "name" insert ", qualifications". (2) For regulation 506(3) of the Principal Regulations substitute— "(3) The personal care co-ordinator must— (a) have been awarded a Certificate III in Community and Health Services, Personal Carer by a TAFE College or other institution in Australia; or (b) hold a qualification that has been certified as equivalent to that Certificate 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 study leading to the Certificate. (4) 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. (5) The proprietor of a supported residential service must ensure that a copy of any -- 5 of 7 -- S.R. No. 95/1999 Health Services (Residential Care) (Personal Care Co- ordinators) Regulations 1999 5 qualification required by this regulation is kept at the service. Penalty: 10 penalty units. (6) Despite sub-regulation (1) and (3), the proprietor of a supported residential service who is qualified in accordance with sub- regulation (3) may appoint himself or herself to carry out the duties of a personal care co-ordinator for all or some of the hours required by sub-regulation (4).". (3) In regulation 508(3) of the Principal Regulations, after "name" insert ", qualifications". (4) After regulation 508(3) of the Principal Regulations insert— "(4) 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. (5) If an acting personal care co-ordinator is to be employed for more than 6 months, that person must hold a qualification referred to in regulation 506(3).". ═══════════════ r. 8 -- 6 of 7 -- S.R. No. 95/1999 Health Services (Residential Care) (Personal Care Co- ordinators) Regulations 1999 6 NOTES 1 Reg. 4: S.R. No. 14/1991. Reprint No. 3 as at 23 October 1997. Further amended by S.R. No. 131/1998. Notes -- 7 of 7 --