Intellectually Disabled Persons' Services Regulations 1997

i Intellectually Disabled Persons' Services Regulations 1997 S.R. No. 106/1997 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provisions 1 3. Revocation 1 4. Definitions 1 5. Declaration of eligibility 2 6. Application for registration of a service 2 7. Trust account limit 2 8. Record of visits by community visitors 2 9. Election of Community Visitors Board 2 10. Fees 3 __________________ SCHEDULES 4 SCHEDULE 1—Regulations revoked 4 SCHEDULE 2 5 FORM 1—Declaration of eligibility 5 FORM 2—Application by an association or organisation for registration as a registered service 6 FORM 3—Application by a council for registration as a registered service 7 FORM 4—Record of visits by community visitors 8 SCHEDULE 3—Scale of fees 9 ═══════════════ -- 1 of 10 -- 1 STATUTORY RULES 1997 S.R. No. 106/1997 Intellectually Disabled Persons' Services Act 1986 Intellectually Disabled Persons' Services Regulations 1997 The Governor in Council makes the following Regulations: Dated: 14 October 1997 Responsible Minister: DENIS NAPTHINE Minister for Youth and Community Services SHARNE BRYAN Clerk of the Executive Council 1. Objective The objective of these Regulations is to prescribe the matters that are necessary or expedient to be prescribed to give effect to the Intellectually Disabled Persons' Services Act 1986. 2. Authorising provisions These Regulations are made under sections 23, 50G, 59, 61 and 78 of the Intellectually Disabled Persons' Services Act 1986. 3. Revocation The regulations listed in Schedule 1 are revoked. 4. Definitions In these Regulations— -- 2 of 10 -- S.R. No. 106/1997 Intellectually Disabled Persons' Services Regulations 1997 2 "community residential unit" means any premises proclaimed under section 19 of the Act as a residential program; "Council" has the same meaning as in section 3 of the Local Government Act 1989; "Form" means form in Schedule 2; "the Act" means the Intellectually Disabled Persons' Services Act 1986. 5. Declaration of eligibility For the purposes of section 8(5) and 8A(4) of the Act, a declaration of eligibility for services must be in Form 1. 6. Application for registration of a service For the purposes of section 23 of the Act, an application for the registration of a service must— (a) in the case of an association or organisation be in Form 2; or (b) in the case of a Council be in Form 3. 7. Trust account limit For the purposes of section 50G of the Act, the prescribed amount is $5000. 8. Record of visits by community visitors For the purposes of section 59 of the Act, the record of visits by community visitors must be in Form 4. 9. Election of Community Visitors Board (1) For the purposes of section 61(2)(b) of the Act, the election of community visitors to the Community Visitors Board must be held annually. (2) The procedure for the election is to be determined by the Public Advocate. r. 5 -- 3 of 10 -- S.R. No. 106/1997 Intellectually Disabled Persons' Services Regulations 1997 3 10. Fees An eligible person who is a resident in a residential institution or a residential program is liable to pay the applicable fee set out in Schedule 3 for the accommodation or care of, or for services rendered to, that person. __________________ r. 10 -- 4 of 10 -- S.R. No. 106/1997 Intellectually Disabled Persons' Services Regulations 1997 4 SCHEDULES SCHEDULE 1 Regulation 3 REGULATIONS REVOKED Title of Regulation S.R. No. Intellectually Disabled Persons' Services Regulations 1987 243/1987 Intellectually Disabled Persons' Services (Amendment) Regulations 1987 385/1987 Intellectually Disabled Persons' Services (Amendment) Regulations 1988 291/1988 Intellectually Disabled Persons' Services (Fees Amendment) Regulations 1989 5/1989 Intellectually Disabled Persons' Services (Fees Amendment No. 2) Regulations 1989 170/1989 Intellectually Disabled Persons' Services (Fees Amendment No. 3) Regulations 1989 365/1989 Developmental Delay Regulations 1990 3/1990 Intellectually Disabled Persons' Services (Prescription of Form) Regulations 1990 117/1990 Intellectually Disabled Persons' Services (Fees Amendment) Regulations 1990 282/1990 Intellectually Disabled Persons' Services (Fees Amendment No. 2) Regulations 1990 412/1990 Intellectually Disabled Persons' Services (Fees Amendment) Regulations 1991 139/1991 Intellectually Disabled Persons' Services (Fees) Regulations 1993 115/1993 Intellectually Disabled Persons' Services (Fees) (Amendment) Regulations 1994 32/1994 Intellectually Disabled Persons' Services (Amendment) Regulations 1994 50/1994 Intellectually Disabled Persons' Services (Fees) Regulations 1997 59/1997 _______________ Sch. 1 -- 5 of 10 -- S.R. No. 106/1997 Intellectually Disabled Persons' Services Regulations 1997 5 SCHEDULE 2 FORM 1 Regulation 5 Intellectually Disabled Persons' Services Act 1986 DECLARATION OF ELIGIBILITY I am satisfied that is intellectually disabled*/is developmentally (Full name of person) delayed* and I declare that the person is eligible for services under the Intellectually Disabled Persons' Services Act 1986. Signed Position Date (*delete whichever is inapplicable) _______________ Sch. 2 -- 6 of 10 -- S.R. No. 106/1997 Intellectually Disabled Persons' Services Regulations 1997 6 FORM 2 Regulation 6(a) APPLICATION BY AN ASSOCIATION OR ORGANISATION FOR REGISTRATION AS A REGISTERED SERVICE To the Secretary, I, of (Full name) (address) being authorised by which provides services for (insert name of association or organisation) intellectually disabled persons apply for registration as a registered service under the Intellectually Disabled Persons' Services Act 1986. (a) The services provided are as follows: (b) The Directors or the members of the Committee of Management are— (Name) (Address) (c) I enclose a copy of the memorandum and articles of association or constitution of the association or organisation. (d) I also enclose evidence that the association or organisation has been incorporated under the Associations Incorporation Act 1981 or the Corporations Law. Signature of applicant: Date _______________ Sch. 2 -- 7 of 10 -- S.R. No. 106/1997 Intellectually Disabled Persons' Services Regulations 1997 7 FORM 3 Regulation 6(b) APPLICATION BY A COUNCIL FOR REGISTRATION AS A REGISTERED SERVICE To the Secretary, I, being the Chief Executive Officer of which (Full name) (insert name and address of Council) provides services for intellectually disabled persons apply on behalf of the Council for registration as a registered service under the Intellectually Disabled Persons' Services Act 1986. The services provided by the Council for intellectually disabled persons are as follows: Signature of Chief Executive Officer Date: _______________ Sch. 2 -- 8 of 10 -- S.R. No. 106/1997 Intellectually Disabled Persons' Services Regulations 1997 8 FORM 4 Regulation 8 RECORD OF VISITS BY COMMUNITY VISITORS Intellectually Disabled Persons' Services Act 1986 Intellectually Disabled Persons' Services Regulations 1997 REGISTER OF VISITS BY COMMUNITY VISITORS RECORD FOR MONTH OF Date Community Visitor Duration of Visit Areas Inspected Signature of person in charge Name in full Date signed _______________ Sch. 2 -- 9 of 10 -- S.R. No. 106/1997 Intellectually Disabled Persons' Services Regulations 1997 9 SCHEDULE 3 Regulation 10 SCALE OF FEES Income of eligible person Fortnightly rate Daily rate (payable for periods of less than a fortnight) Person in receipt of a Disability Support Pension from the Commonwealth $304.00 $21.60 Person in receipt of a Newstart Allowance plus Youth Disability Supplement from the Commonwealth $291.80 $20.70 Person in receipt of a Youth Training Allowance plus a Youth Disability Supplement from the Commonwealth $270.50 $19.20 Person in respect of whom the carer is entitled to receive a Family Payment from the Commonwealth $18.90 $1.35 ═══════════════ Sch. 3 -- 10 of 10 --