Disability (National Disability Insurance Scheme Transition) Amendment Act 2019

Authorised by the Chief Parliamentary Counsel Authorised Version i Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 TABLE OF PROVISIONS Section 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 -- 1 of 218 -- Section Page ii Authorised by the Chief Parliamentary Counsel 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 -- 2 of 218 -- Section Page iii Authorised by the Chief Parliamentary Counsel 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 -- 3 of 218 -- Section Page iv Authorised by the Chief Parliamentary Counsel 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 -- 4 of 218 -- Section Page v Authorised by the Chief Parliamentary Counsel 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 -- 5 of 218 -- Section Page vi Authorised by the Chief Parliamentary Counsel 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 -- 6 of 218 -- Section Page vii Authorised by the Chief Parliamentary Counsel 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 -- 7 of 218 -- Section Page viii Authorised by the Chief Parliamentary Counsel 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 -- 8 of 218 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019† No. 19 of 2019 [Assented to 25 June 2019] 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 of regulated restrictive practices is authorised; and Victoria -- 9 of 218 -- Part 1—Preliminary Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 2 Authorised by the Chief Parliamentary Counsel (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 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 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 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 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 Tenancies Amendment Act 2018; and (iii) to provide further for regulatory oversight of SDA residency agreements by the Director of Consumer Affairs Victoria; and (iv) to provide protections for persons with complex needs who require specialist disability accommodation, against eviction into homelessness; and -- 10 of 218 -- Part 1—Preliminary Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 3 Authorised by the Chief Parliamentary Counsel (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 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 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— (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 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 operation before 1 July 2020, it comes into operation on that day. -- 11 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 4 Authorised by the Chief Parliamentary Counsel Part 2—Amendment of the Disability Act 2006 Division 1—National Disability Insurance Scheme stage 1 amendments 3 Principal Act 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 "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". (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 "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 Transition) Amendment Act 2019 comes into operation, any"; (b) after "Department of" insert "Health and". -- 12 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 5 Authorised by the Chief Parliamentary Counsel 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 "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". (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 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, 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, after "Justice" insert "and Community Safety". (4) In section 166(7) of the Principal Act, after "Justice" (where twice occurring) insert "and Community Safety". -- 13 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 6 Authorised by the Chief Parliamentary Counsel 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" 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 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 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". 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 Principal Act are repealed. -- 14 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 7 Authorised by the Chief Parliamentary Counsel Division 2—National Disability Insurance Scheme stage 2 amendments 18 Purpose For section 1 of the Principal Act substitute— "1 Purposes 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 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 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— "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 or body that has ceased to be a regulated service provider; NDIS Act means the National Disability Insurance Scheme Act 2013 of the Commonwealth; NDIS behaviour support plan means a plan developed by an NDIS behaviour support practitioner for an NDIS participant; -- 15 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 8 Authorised by the Chief Parliamentary Counsel 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 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; NDIS dwelling means— (a) an SDA enrolled dwelling; and (b) a short-term accommodation and assistance dwelling; NDIS participant's guardian means— (a) the NDIS participant's guardian— (i) appointed under the Guardianship and Administration Act 1986; or (ii) appointed by the court; or (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 appointed to be responsible for the NDIS participant's personal matters under an enduring power of attorney under the Powers of Attorney Act 2014; 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; -- 16 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 9 Authorised by the Chief Parliamentary Counsel 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 Commission established under section 181A of the NDIS Act; NDIS (Restrictive Practices and Behaviour Support) Rules means the National Disability Insurance Scheme (Restrictive 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 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 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 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 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 Support) Rules; -- 17 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 10 Authorised by the Chief Parliamentary Counsel 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; 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; 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— (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 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 an enduring power of attorney under the Powers of Attorney Act 2014; short-term accommodation and assistance dwelling means accommodation for an NDIS participant— (a) that is provided on a short-term basis and is not a private home; and -- 18 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 11 Authorised by the Chief Parliamentary Counsel (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 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 provider, a person appointed as an Authorised Program Officer by the registered NDIS provider and whose appointment is approved by the Senior Practitioner;"; (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 person and"; (c) for the definition of mechanical restraint substitute— "mechanical restraint has the same meaning as in the NDIS (Restrictive Practices and Behaviour Support) Rules;"; (d) in the definition of NDIA, for "National Disability Insurance Scheme Act 2013 of the Commonwealth" substitute "NDIS Act"; (e) for the definition of seclusion substitute— "seclusion has the same meaning as in the NDIS (Restrictive Practices and Behaviour Support) Rules;"; -- 19 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 12 Authorised by the Chief Parliamentary Counsel (f) in the definition of treatment plan, after "disability" insert "or an NDIS participant". (3) In section 3(1) of the Principal Act— (a) the definition of chemical restraint is repealed; (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." 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; (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". (2) After section 5(3) of the Principal Act insert— "(3A) Restrictive practices used on NDIS participants and the compulsory treatment of NDIS participants should be provided in a manner that— (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 -- 20 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 13 Authorised by the Chief Parliamentary Counsel (c) does not— (i) tolerate abuse, neglect or exploitation of NDIS participants; or (ii) normalise abuse, neglect or 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— "(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 registered NDIS providers.". 22 Provision of advice, notification or information under this Act (1) In section 7(1) of the Principal Act— (a) after "a person with a disability" insert "or an NDIS participant"; (b) after "the person with a disability" insert "or the NDIS participant". (2) In section 7(3) of the Principal Act— (a) after "a person" insert "with a disability or 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 participant". -- 21 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 14 Authorised by the Chief Parliamentary Counsel (3) In section 7(4) of the Principal Act— (a) after "disability service provider" (where first occurring) insert "or NDIS provider, as the case requires,"; (b) in paragraph (a), after "disability" insert "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"; (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 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 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 case requires;". (2) In section 8(2)(j) of the Principal Act, after "disability" insert "and NDIS participants". -- 22 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 15 Authorised by the Chief Parliamentary Counsel 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 (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 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 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 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 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 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.". -- 23 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 16 Authorised by the Chief Parliamentary Counsel 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 (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 participants"; (b) for "restrictive interventions" substitute "restrictive practices". (3) In section 24(1)(g) of the Principal Act— (a) for "restrictive interventions" substitute "restrictive practices"; (b) after "providers" insert "and registered NDIS providers". (4) For section 24(1)(d) and (e) of the Principal Act substitute— "(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; (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; (ii) compulsory treatment; -- 24 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 17 Authorised by the Chief Parliamentary Counsel (iii) behaviour support plans; (iv) treatment plans;". (5) In section 24(2)(b) of the Principal Act, for "restrictive interventions" substitute "restrictive practices". 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 substitute— "(a) in respect of the use of restrictive practices or compulsory treatment by a disability service provider or a registered NDIS provider; or". (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". (3) In section 27(2) of the Principal Act— (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 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;"; -- 25 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 18 Authorised by the Chief Parliamentary Counsel (c) in paragraph (b)— (i) after "(a)" insert "or (ab)"; (ii) for "restrictive intervention" substitute "restrictive practice"; (d) in paragraph (c), for "restrictive interventions" substitute "restrictive practices"; (e) in paragraphs (d) and (e), for "restrictive intervention" substitute "restrictive practice"; (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 treatment;"; (g) in paragraph (g)— (i) after "provider" insert "or registered NDIS provider"; (ii) for "restrictive intervention" substitute "restrictive practice". (4) In section 27(5) of the Principal Act, after "disability" insert "or the NDIS participant, as the case requires,". (5) After section 27(5) of the Principal Act insert— "(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 or duty under this Act. -- 26 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 19 Authorised by the Chief Parliamentary Counsel (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 (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; (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 subsection (5B) must be— (a) published on the Department's internet site; and (b) given to each applicable provider referred to in that subsection.". (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 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; (c) a member of the staff or management of a disability service provider; -- 27 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 20 Authorised by the Chief Parliamentary Counsel (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 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 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 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 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 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 -- 28 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 21 Authorised by the Chief Parliamentary Counsel (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; 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 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 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 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 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 dwelling and to inquire into— (a) the appropriateness and standard of the short-term accommodation and assistance dwelling for the NDIS participant; and -- 29 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 22 Authorised by the Chief Parliamentary Counsel (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 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 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 (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 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. (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 visit the dwelling and to inquire into— (a) the appropriateness and standard of the SDA enrolled dwelling for the SDA resident; and -- 30 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 23 Authorised by the Chief Parliamentary Counsel (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 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 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 (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 (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 (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 community visitor visit the SDA enrolled dwelling in accordance with section 131A for the purposes of the community visitor exercising functions under subsection (3)— -- 31 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 24 Authorised by the Chief Parliamentary Counsel (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 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.". 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— "(e) the NDIS Quality and Safeguards Commission; (f) the NDIA; (g) the Director within the meaning of the Australian Consumer Law and Fair 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". (2) In section 36(2)(a) of the Principal Act, after "this Act" insert "or the Residential Tenancies Act 1997". -- 32 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 25 Authorised by the Chief Parliamentary Counsel 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; (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 provided, services under this Act;". (2) In section 39(3) of the Principal Act— (a) after "A person" insert "or body"; (b) for "any person any" substitute "any other person or body any"; (c) for "in his or her" substitute "or body in their". (3) After section 39(3) of the Principal Act insert— "(3A) Despite anything to the contrary in subsection (3), a person or body referred to 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 which the Minister administering the Financial Framework (Supplementary Powers) Act 1997 of the Commonwealth is responsible; (b) the Secretary to the department for which the Minister responsible for the Commonwealth Continuity of Support Programme is responsible.". -- 33 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 26 Authorised by the Chief Parliamentary Counsel (4) In section 39(4) of the Principal Act— (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 "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 National Disability Insurance Scheme Act 2013 of the Commonwealth" substitute "NDIS"; (e) for paragraph (n) substitute— "(n) to the Secretary to the department for which the Minister administering the Financial Framework (Supplementary Powers) Act 1997 of the Commonwealth is responsible; (o) to the Secretary to the department for which the Minister responsible for the Commonwealth Continuity of Support Programme is responsible.". (5) For section 39(6) of the Principal Act substitute— "(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 or disclose that information to the NDIA, the NDIS Quality and Safeguards Commission, an NDIS provider or any prescribed person -- 34 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 27 Authorised by the Chief Parliamentary Counsel 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 prescribed services; (ii) services provided by persons or bodies that are former disability service providers, former regulated service providers or providers that have ceased providing prescribed services; (b) information about the provision of disability services or regulated disability services, including 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 purpose of providing disability services or regulated disability services or services under the NDIS; (d) information about persons who received or are receiving disability 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; (f) information about compliance by current and former disability service providers with the relevant standards determined by the Minister under section 97; -- 35 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 28 Authorised by the Chief Parliamentary Counsel (g) information about incidents reported to the Secretary arising from the provision of disability services or regulated disability services; (h) information about complaints relating 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 "Subsections" insert "(3A),". 36 New section 39A inserted After section 39 of the Principal Act insert— "39A Disclosure of information about worker screening (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 accordance with an NDIS plan— (a) the NDIS Quality and Safeguards Commission; (b) the Disability Worker Registration Board of Victoria within the meaning of the Disability Service Safeguards Act 2018; (c) the Victorian Disability Worker Commission within the meaning of the Disability Service Safeguards Act 2018; (d) an NDIS worker screening unit; -- 36 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 29 Authorised by the Chief Parliamentary Counsel (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 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 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 by an NDIS worker screening unit; or (ii) has had a clearance suspended or revoked by an NDIS worker screening unit; 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 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 services involving the care of children that is made under another Act; -- 37 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 30 Authorised by the Chief Parliamentary Counsel (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 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 committed a prescribed offence within the meaning of the Disability Service Safeguards Act 2018; (e) whether or not the Secretary has 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 so, that information which includes but is not limited to the following— (i) whether or not a person has been assessed as posing an unacceptable risk to persons with a disability or NDIS participants; (ii) whether or not a notification or complaint has been made about the person that is relevant to the person's suitability to provide disability services to persons with a disability or services under the NDIS to NDIS participants; -- 38 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 31 Authorised by the Chief Parliamentary Counsel (iii) details of any notification or complaint or investigation made into a notification or complaint referred to in subparagraph (ii); (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 services under the NDIS to NDIS participants.". 37 Registration In section 41(2) of the Principal Act— (a) after "impose" insert "at any time"; (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 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 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 of disability services under this Act; or -- 39 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 32 Authorised by the Chief Parliamentary Counsel (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 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 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— (i) the proposed decision and the reasons for the proposed decision; and (ii) that the person or disability service provider, as the case 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 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 disability service provider that specifies— -- 40 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 33 Authorised by the Chief Parliamentary Counsel (i) the proposed decision and the reasons for the proposed decision; and (ii) that the disability service provider may make a submission in writing 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 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.". 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 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 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— "(3) Despite anything to the contrary in section 41(1) and subject to subsection (4), the Secretary may register as a disability service provider— -- 41 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 34 Authorised by the Chief Parliamentary Counsel (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). (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 (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 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 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— "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 written notice provided to the disability service provider. -- 42 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 35 Authorised by the Chief Parliamentary Counsel (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 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 (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 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 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 Principal Act insert— "106AA Application of Division and references (1) This Division applies to— (a) a regulated service provider; and -- 43 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 36 Authorised by the Chief Parliamentary Counsel (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 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 (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— (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 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 is alleged to have occurred, during the 24 month period immediately before it ceased to be a regulated service provider.". -- 44 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 37 Authorised by the Chief Parliamentary Counsel 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 requires— (a) a disability service provider; or (b) a former disability service provider; or (c) a regulated service provider; or (d) a former regulated service provider.". 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 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— "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 (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 the 24 month period immediately before— -- 45 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 38 Authorised by the Chief Parliamentary Counsel (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 regulated service provider, it ceased to be a regulated service provider— irrespective of whether an investigation has commenced; or (ii) any initiated investigation not concluded before the relevant event referred to in subparagraph (i). (2) This Division does not apply to a former 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 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 requires— (a) a disability service provider; or (b) a former disability service provider; or (c) a regulated service provider; or (d) a former regulated service provider.". -- 46 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 39 Authorised by the Chief Parliamentary Counsel 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 service provider or former disability service provider; or (ii) regulated disability services by a regulated service provider or former regulated service provider; or". (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 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 (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 former regulated service provider in relation to— (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 regulated service provider, as the -- 47 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 40 Authorised by the Chief Parliamentary Counsel case requires, irrespective of whether a referral investigation has commenced; or (ii) any referral investigation not 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 disability service provider or a former 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 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— (a) a disability service provider; or (b) a former disability service provider; or (c) a regulated service provider; or (d) a former regulated service provider.". 51 Referral investigations 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— (a) the provision of— (i) disability services by a disability service provider or former disability service provider; or -- 48 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 41 Authorised by the Chief Parliamentary Counsel (ii) regulated disability services by a regulated service provider or former regulated service provider; or (b) complaints about— (i) disability services provided by a disability service provider or former disability service provider; or (ii) regulated disability services 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 disability service provider or former disability service provider; or (ii) regulated disability services provided by a regulated service 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— "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 (b) a former disability service provider or former regulated service provider in relation to— -- 49 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 42 Authorised by the Chief Parliamentary Counsel (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 regulated service provider, as the case requires, irrespective of whether an investigation has commenced; or (ii) any follow up investigation not 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 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 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 provider is a reference to, as the case requires— (a) a disability service provider; or (b) a former disability service provider; or (c) a regulated service provider; or (d) a former regulated service provider.". 53 Visiting of residential service (1) In the heading to section 129 of the Principal Act, after "service" insert "or NDIS dwelling". -- 50 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 43 Authorised by the Chief Parliamentary Counsel (2) After section 129(1) of the Principal Act insert— "(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 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 visitor thinks fit.". (3) After section 129(3) of the Principal Act insert— "(4) The Minister may direct a community visitor to visit an SDA enrolled dwelling provided under an SDA residency agreement at the 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. (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 Act 1997).". 54 Powers of inspection For section 130(2) and (3) of the Principal Act substitute— "(2) A community visitor may perform or 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; -- 51 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 44 Authorised by the Chief Parliamentary Counsel (b) a short-term accommodation and assistance dwelling. (3) For the purposes of subsection (2), the following functions and powers are specified— (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; (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 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 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 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 participant's guardian, the SDA resident or the SDA resident's guardian (as appropriate).". -- 52 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 45 Authorised by the Chief Parliamentary Counsel 55 New section 130A inserted After section 130 of the Principal Act insert— "130A Obligations of service provider and staff (1) If a community visitor wishes to perform or exercise, or is performing or exercising, any 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 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 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— (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 questions asked by a community visitor in the performance or exercise of any power, duty or function under this Act. Penalty: 60 penalty units.". -- 53 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 46 Authorised by the Chief Parliamentary Counsel 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 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 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 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 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. 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). -- 54 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 47 Authorised by the Chief Parliamentary Counsel (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 request. (6) The Community Visitors Board may refuse a request under subsection (3) if the Community Visitors Board considers that the request is— (a) vexatious; or (b) frivolous; or (c) lacking in substance. (7) In this section— dwelling or support provider means in respect of an NDIS resident living— (a) in an SDA enrolled dwelling— (i) an SDA provider; or (ii) a Supported Independent Living provider; or (iii) a disability service provider; and (b) in a short-term accommodation and assistance dwelling, the relevant registered NDIS provider; 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 dwelling.". -- 55 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 48 Authorised by the Chief Parliamentary Counsel 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— "(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 record of the visit. Penalty: 5 penalty units. (3) In this section— dwelling or support provider means in respect of an NDIS resident living— (a) in an SDA enrolled dwelling— (i) an SDA provider; or (ii) a Supported Independent Living provider; or (iii) a disability service provider; and (b) in a short-term accommodation and assistance dwelling, the relevant registered NDIS provider; 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 dwelling.". -- 56 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 49 Authorised by the Chief Parliamentary Counsel 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 applies to— (a) a disability service provider or regulated service provider; and (b) a former disability service provider or former regulated service provider in relation to— (i) an accountability investigation into 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 regulated service provider, as the case requires, irrespective of whether the investigation has commenced; or (ii) an accountability investigation that is not 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 disability service provider or a former regulated service provider in relation to an 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 -- 57 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 50 Authorised by the Chief Parliamentary Counsel 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— (a) a disability service provider; or (b) a former disability service provider; or (c) a regulated service provider; or (d) a former regulated service provider.". 60 Visit and inspection of premises 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,". 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 Principal Act insert— "132ZCA Application of Division and references (1) Subject to subsection (2), this Division applies to— (a) a disability service provider or regulated service provider; and (b) a former disability service provider or former regulated service provider in relation to— -- 58 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 51 Authorised by the Chief Parliamentary Counsel (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 provider ceased to be a disability service provider or regulated service provider, as the case requires, irrespective of whether the investigation has commenced; 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 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 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 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 (b) a former disability service provider; or (c) a regulated service provider; or (d) a former regulated service provider.". -- 59 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 52 Authorised by the Chief Parliamentary Counsel 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 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 on NDIS participants— (a) must appoint an Authorised Program Officer; and (b) may appoint more than one Authorised Program Officer. 132ZJ Registered NDIS provider to seek approval from Senior Practitioner for appointment of Authorised Program Officer (1) A registered NDIS provider who proposes to 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 Program Officer; and (b) the qualifications of the proposed Authorised Program Officer; and (c) any other information requested by the Senior Practitioner. -- 60 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 53 Authorised by the Chief Parliamentary Counsel (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. (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 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 Commissioner The Senior Practitioner must give written notice to the NDIS Commissioner if the Senior Practitioner— (a) refuses to approve the appointment of 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 (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 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. -- 61 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 54 Authorised by the Chief Parliamentary Counsel (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 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 Senior Practitioner— (a) to refuse an application for approval of an appointment of an Authorised Program Officer under section 132ZJ; or (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— (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 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 section 46(5) of that Act that a statement of reasons will not be given. -- 62 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 55 Authorised by the Chief Parliamentary Counsel 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 Authorised Program Officers; and (b) training to be completed by Authorised Program Officers; and (c) any other matter in relation to Authorised Program Officers. (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 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 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 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 treatment order obtained by an Authorised Program Officer for a registered NDIS provider. -- 63 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 56 Authorised by the Chief Parliamentary Counsel (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. 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 participant unless— (a) an authorisation under section 132ZR(1) for use of the regulated restrictive practice is in force and— (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 Practitioner; and (ii) if the regulated restrictive practice is in the form of a restrictive practice that requires the Senior Practitioner's approval under 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 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 -- 64 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 57 Authorised by the Chief Parliamentary Counsel approved by the Senior Practitioner; and (iv) the matters referred to in section 132ZR(1)(a), (b), (d) and (f) are satisfied; or (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 (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— (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 (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 circumstances; and (ii) is included in the NDIS participant's NDIS behaviour support plan; and (iii) is in accordance with the NDIS participant's NDIS behaviour support plan; and -- 65 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 58 Authorised by the Chief Parliamentary Counsel (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 (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— (i) the NDIS participant is supplied with bedding and clothing which is appropriate in the circumstances; and (ii) the NDIS participant has access to adequate heating or cooling as is appropriate in the circumstances; and (iii) the NDIS participant is provided with food and drink at the appropriate times; and (iv) the NDIS participant is provided with adequate toilet arrangements; and (e) the Authorised Program Officer has 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— (a) the authorisation is revoked; or -- 66 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 59 Authorised by the Chief Parliamentary Counsel (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 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 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 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 the case requires— (i) a review of the Authorised Program Officer's decision to authorise the use of regulated restrictive practices under section 132ZR; or (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 Practitioner's decision to approve the use of regulated restrictive practices under section 132ZV. -- 67 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 60 Authorised by the Chief Parliamentary Counsel 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. (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 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 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 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 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 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. -- 68 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 61 Authorised by the Chief Parliamentary Counsel (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 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 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 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 (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 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 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. -- 69 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 62 Authorised by the Chief Parliamentary Counsel 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 Practitioner; (b) within 28 days after receiving the report, initiate an application to VCAT to review the decision by the Authorised Program Officer to 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; (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. 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 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; (b) the name and details of the independent person who assisted the NDIS participant; -- 70 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 63 Authorised by the Chief Parliamentary Counsel (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 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 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— (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 Practitioner has approved the use of a regulated restrictive practice under section 132ZV; and (b) the NDIS participant may seek, as the case requires— (i) a review of the Authorised Program Officer's decision to authorise the use of regulated restrictive practices under section 132ZR; or (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 Practitioner's decision to approve -- 71 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 64 Authorised by the Chief Parliamentary Counsel 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 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 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 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 following— (a) the proposed use of the proposed regulated restrictive practice is necessary to prevent the NDIS participant from causing physical harm 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 the NDIS participant as is possible in the circumstances; -- 72 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 65 Authorised by the Chief Parliamentary Counsel (c) the use and form of the proposed regulated restrictive practice— (i) is included in the NDIS participant's NDIS behaviour support plan; and (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 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 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 is appropriate in the circumstances; and (ii) the NDIS participant has access to adequate heating or cooling as is appropriate in the circumstances; and (iii) the NDIS participant is provided with food and drink at the appropriate times; and (iv) the NDIS participant is provided with adequate toilet arrangements; (f) any other requirements imposed by the Senior Practitioner are complied with. -- 73 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 66 Authorised by the Chief Parliamentary Counsel (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, in consequence of the review, a new plan is developed; or (c) the NDIS participant's NDIS behaviour support plan expires— whichever happens soonest. (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 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 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 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 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 joint review of the decision to authorise the -- 74 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 67 Authorised by the Chief Parliamentary Counsel 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 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 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), 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 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 practice not be used on the NDIS participant. (6) Following a review under subsection (2), VCAT may— (a) confirm the decisions to authorise and approve the use of the regulated restrictive practice and dismiss the application; or -- 75 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 68 Authorised by the Chief Parliamentary Counsel (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 (c) direct that the regulated restrictive practice not be used on the NDIS participant. (7) Following a review under subsection (3), VCAT may— (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 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 the use of the regulated restrictive practice on the NDIS participant. 132ZX Authorisation for use of regulated restrictive practices on NDIS participants in emergencies (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 practices; or -- 76 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 69 Authorised by the Chief Parliamentary Counsel (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, 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 opinion that there is an emergency because— (i) there is an imminent risk of the NDIS participant causing serious physical harm to the NDIS 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 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 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 and the Authorised Program Officer is notified without delay of the use of the regulated restrictive practice. -- 77 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 70 Authorised by the Chief Parliamentary Counsel (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 (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 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 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; (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— (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 restrictive practice; (d) regulating the use of a specified class of restrictive practice; -- 78 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 71 Authorised by the Chief Parliamentary Counsel (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 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 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 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 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 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— "Part 7—Use of restrictive practices by disability service providers". -- 79 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 72 Authorised by the Chief Parliamentary Counsel 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 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 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 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.". (2) In section 133(2) of the Principal Act, for "restrictive interventions" substitute "restrictive practices". (3) After section 133(2) of the Principal Act insert— "(3) A disability service provider is not required 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 Part 6B in relation to the NDIS participant.". -- 80 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 73 Authorised by the Chief Parliamentary Counsel 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". (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 "restrictive practices". (2) In section 135(1) and (4)(a) of the Principal Act, for "restrictive interventions" substitute "restrictive practices". (3) After section 135(5) of the Principal Act insert— "(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 Authorised Program Officers; and (b) training to be completed by Authorised Program Officers; and (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.". 69 Revocation of approval In section 136(1) of the Principal Act, for "restrictive interventions" substitute "restrictive practices". -- 81 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 74 Authorised by the Chief Parliamentary Counsel 70 Notice before refusal or revocation In section 137(1) of the Principal Act, for "restrictive interventions" substitute "restrictive practices". 71 Application for review 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 "restrictive intervention" substitute "restrictive practice". 73 New section 139A inserted After section 139 of the Principal Act insert— "139A Use of regulated restrictive practice 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 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 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 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— -- 82 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 75 Authorised by the Chief Parliamentary Counsel (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 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 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". (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 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, 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". 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". -- 83 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 76 Authorised by the Chief Parliamentary Counsel (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— "(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;". 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 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 (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— "(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 regulated restrictive practice in the person's behaviour support plan under section 145; or -- 84 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 77 Authorised by the Chief Parliamentary Counsel (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 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— (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 Act, for "restraint or seclusion" substitute "a regulated restrictive practice". (5) For section 143(3) of the Principal Act substitute— "(3) An independent person assisting a person to 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; 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 In section 144(1)(b) of the Principal Act, for "restraint or seclusion" substitute "a regulated restrictive practice". -- 85 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 78 Authorised by the Chief Parliamentary Counsel 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 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 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 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 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 (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 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 "regulated restrictive practices". -- 86 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 79 Authorised by the Chief Parliamentary Counsel (4) In section 145(3) of the Principal Act— (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 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 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"; (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 approve the inclusion of the proposed use of the regulated restrictive practice in the person's behaviour support plan under this section; 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 this section and the Senior Practitioner's decision to approve the use of the form of regulated restrictive practice under section 145A.". -- 87 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 80 Authorised by the Chief Parliamentary Counsel 80 New section 145A inserted After section 145 of the Principal Act insert— "145A Approval to use certain regulated restrictive practices (1) Unless the Senior Practitioner has given 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 (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 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 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— (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 (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 -- 88 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 81 Authorised by the Chief Parliamentary Counsel (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 practice— (i) is included in the person's behaviour support plan; and (ii) is in accordance with the person's behaviour support plan; and (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 (d) if seclusion is to be used— (i) the person is supplied with bedding and clothing which is appropriate in the circumstances; and (ii) the person has access to adequate heating or cooling as is appropriate in the circumstances; and (iii) the person is provided with food and drink at the appropriate times; and (iv) the person is provided with adequate toilet arrangements.". -- 89 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 82 Authorised by the Chief Parliamentary Counsel 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 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, 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 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 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 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 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.". -- 90 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 83 Authorised by the Chief Parliamentary Counsel (2) For section 146(3) of the Principal Act substitute— "(3) Following a review under subsection (1), VCAT may— (a) confirm the Authorised Program 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 (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 support plan. (4) Following a review under subsection (1A), VCAT may— (a) confirm the decisions of the Authorised Program Officer and Senior Practitioner and dismiss the application; or (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 support plan. (5) Following a review under subsection (1B), VCAT may— (a) confirm the Senior Practitioner's decision not to approve the use of the regulated restrictive practice and dismiss the application; or -- 91 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 84 Authorised by the Chief Parliamentary Counsel (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 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 (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" (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— (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 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 requires; and". -- 92 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 85 Authorised by the Chief Parliamentary Counsel (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) 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— "(e) the name of the person who applied the regulated restrictive practice or, if seclusion was used, kept the person in seclusion.". 83 New section 147A inserted After section 147 of the Principal Act insert— "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 (b) a specified disability service provider; or (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— (a) prohibiting the use of a specified restrictive practice; (b) prohibiting the use of a specified class of restrictive practice; -- 93 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 86 Authorised by the Chief Parliamentary Counsel (c) regulating the use of a specified 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 persons with a disability; (f) prohibiting or regulating the use of a specified class of restrictive practices 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; (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 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.". 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 "restraint or seclusion has" substitute "regulated restrictive practices have". -- 94 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 87 Authorised by the Chief Parliamentary Counsel (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— "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 against this Act. Penalty: 240 penalty units. (2) A disability service provider is not guilty of an offence under subsection (1) if the disability service provider applies a regulated 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 (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". (2) For section 150(1) the Principal Act substitute— "(1) In this section— other restrictive practices means restrictive practices other than regulated restrictive practices.". -- 95 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 88 Authorised by the Chief Parliamentary Counsel (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 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". (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 (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" (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 "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". -- 96 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 89 Authorised by the Chief Parliamentary Counsel 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" (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 "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 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 (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 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 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 -- 97 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 90 Authorised by the Chief Parliamentary Counsel 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 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, 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 provider". (2) After section 186(5) of the Principal Act insert— "(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 Authorised Program Officers; and (b) training to be completed by Authorised Program Officers; and (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.". 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". -- 98 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 91 Authorised by the Chief Parliamentary Counsel 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". 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 In the heading to section 190 of the Principal Act, after "Officers" insert "appointed by disability service provider". 99 New section 190A inserted After section 190 of the Principal Act insert— "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 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, 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". -- 99 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 92 Authorised by the Chief Parliamentary Counsel (3) After section 191(1) of the Principal Act insert— "(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 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 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 (e) who meets the criteria specified in subsection (6).". (4) In section 191(2) of the Principal Act— (a) after "Officer" insert "(appointed by either a disability service provider or an NDIS 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 dwelling provided under an SDA residency agreement". (5) In section 191(3) of the Principal Act— (a) after "subsection (1)" insert "or (1A)"; (b) in paragraph (b), after "services" insert "or, in the case of an NDIS participant, is an SDA resident living in an SDA enrolled -- 100 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 93 Authorised by the Chief Parliamentary Counsel dwelling provided under an SDA residency agreement"; (c) in paragraph (c), after "Practitioner" insert "and an NDIS behaviour support plan, as the case requires". (6) In section 191(4) of the Principal Act— (a) after "Officer" insert "(appointed by either a disability service provider or a registered NDIS provider)"; (b) after "subsection (1)" insert "or (1A)"; (c) in paragraph (b) omit "with a disability". (7) After section 191(4) of the Principal Act insert— "(4A) The Senior Practitioner must give written notice to the NDIS Commissioner that a certificate referred to in subsection (3) has 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 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 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 to the use of restrictive practices in accordance with, and the inclusion of restrictive practices in, a treatment plan.". -- 101 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 94 Authorised by the Chief Parliamentary Counsel (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 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 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.". 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 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". (2) In section 193(1) of the Principal Act— (a) in paragraph (a), after "section 191(1)" insert "or (1A)"; (b) in paragraph (b)— (i) after "subsection (2)" insert "or (2A)"; (ii) after "section 191(1)" insert "or (1A)"; (c) in paragraph (c), after "section 191(1)" insert "or (1A)". -- 102 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 95 Authorised by the Chief Parliamentary Counsel (3) In section 193(2) of the Principal Act, after "provider" insert "or registered NDIS provider, as the case requires,". (4) After section 193(2) of the Principal Act insert— "(2A) On an application under section 191(1A), 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 (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 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 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 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 "subsection (4)" insert "or (5A)". -- 103 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 96 Authorised by the Chief Parliamentary Counsel (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 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 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 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 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 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. (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 treatment plan or to an NDIS behaviour -- 104 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 97 Authorised by the Chief Parliamentary Counsel 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 (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 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 participant's NDIS behaviour support plan, a material change is made to that plan relating to the use of a regulated restrictive practice. (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 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 NDIS participant's treatment plan and attached NDIS behaviour support plan relating to the increase in the level of supervision or restriction; and -- 105 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 98 Authorised by the Chief Parliamentary Counsel (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 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 participant's NDIS behaviour support plan, a material change is made to that plan relating to the use of a regulated restrictive practice.". 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 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 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 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 implemented". -- 106 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 99 Authorised by the Chief Parliamentary Counsel (4) For section 196(7) of the Principal Act substitute— "(7) VCAT must not confirm the variation of a supervised treatment order or treatment plan under subsection (6)(a) unless VCAT is 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 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 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.". (5) For section 196(9) of the Principal Act substitute— "(9) VCAT must not confirm a supervised treatment order under subsection (8)(b) unless VCAT is 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 variation; 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 order or variation does not relate to any regulated restrictive practices and -- 107 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 100 Authorised by the Chief Parliamentary Counsel 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 (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,". 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 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 Program Officer for a registered NDIS provider— (a) VCAT makes an interim supervised treatment order or a supervised treatment order; (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 involves a material change of a kind referred to in section 195; -- 108 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 101 Authorised by the Chief Parliamentary Counsel (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 "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— "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 participant— (a) an assessment order is made under section 199; (b) an assessment order is revoked under section 199A.". 109 Apprehension of person subject to a supervised treatment order absent without approval (1) In section 201(1) of the Principal Act— (a) after "residential service" (where first occurring) insert "or the SDA enrolled 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"; -- 109 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 102 Authorised by the Chief Parliamentary Counsel (c) after paragraph (a) insert— "(ab) a person who— (i) is employed by the Supported Independent Living provider providing supported independent living assistance at the SDA enrolled dwelling or is employed by the registered NDIS provider providing the SDA enrolled dwelling; and (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 "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— "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 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 plan under this Part; and -- 110 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 103 Authorised by the Chief Parliamentary Counsel (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 "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 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 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 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 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 approval granted to a disability service provider to use restrictive practices. -- 111 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 104 Authorised by the Chief Parliamentary Counsel (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 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 Act, for "restrictive interventions" substitute "restrictive practices". (2) In section 201B of the Principal Act, for "restrictive intervention"(where twice occurring) substitute "restrictive practice". (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 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 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 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. -- 112 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 105 Authorised by the Chief Parliamentary Counsel 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 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— (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 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 subsection.". 113 Authorised Program Officers In section 201C(1) of the Principal Act, for "restrictive intervention" substitute "restrictive practice". 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 "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". -- 113 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 106 Authorised by the Chief Parliamentary Counsel (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 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 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 "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 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 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". (2) In section 201F(1)(a) of the Principal Act, for "Part" substitute "Division". -- 114 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 107 Authorised by the Chief Parliamentary Counsel (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 "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 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 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 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, 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". -- 115 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 108 Authorised by the Chief Parliamentary Counsel 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 substitute— "(1) In this section— other restrictive practices means restrictive practices other than regulated restrictive practices.". (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 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". (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— "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 following— (a) disability service providers; (b) a specified disability service provider; -- 116 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 109 Authorised by the Chief Parliamentary Counsel (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— (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 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 persons with a disability; (f) prohibiting or regulating the use of a specified class of restrictive practices 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; (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 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.". -- 117 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 110 Authorised by the Chief Parliamentary Counsel 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 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 in force and who are subject to a supervised treatment order obtained by an Authorised Program Officer for a registered NDIS provider. Note 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. (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— (a) authorised in accordance with this Division; and (b) used only if the requirements imposed by this Division are complied with. -- 118 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 111 Authorised by the Chief Parliamentary Counsel 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— (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 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 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 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 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 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 circumstances; -- 119 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 112 Authorised by the Chief Parliamentary Counsel (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 participant's treatment plan; and (ii) is in accordance with the NDIS participant's NDIS behaviour support plan and treatment plan; and (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); (d) if seclusion is to be used— (i) the NDIS participant is supplied with bedding and clothing which is appropriate in the circumstances; and (ii) the NDIS participant has access to adequate heating or cooling as is appropriate in the circumstances; and (iii) the NDIS participant is provided 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 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 -- 120 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 113 Authorised by the Chief Parliamentary Counsel be implemented in accordance with those Rules and this Act. 201M Authorised Program Officers An Authorised Program Officer must ensure that— (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 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 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 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, 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 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 -- 121 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 114 Authorised by the Chief Parliamentary Counsel 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 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; (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— (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 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 specified class of restrictive practices on a person belonging to a specified class of NDIS participants; -- 122 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 115 Authorised by the Chief Parliamentary Counsel (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 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 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 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 (b) a registered NDIS provider. Penalty: 60 penalty units.". 123 Delegation In section 204(2) of the Principal Act, after "disability" insert "or NDIS participants". 124 Evidentiary In section 219(2) of the Principal Act, for "or the Secretary" (where twice occurring) substitute ", the Secretary or the Senior Practitioner". -- 123 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 116 Authorised by the Chief Parliamentary Counsel 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 Scheme Transition) Amendment Act 2019 236 Declaration of residential service as a group home (1) Subject to subsection (2), on and from the 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 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— (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 commenced; or (ii) has entered into an SDA residency agreement in relation to the SDA enrolled dwelling and that agreement has commenced; or -- 124 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 117 Authorised by the Chief Parliamentary Counsel (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 (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 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 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 residential service to which this section applies. (4) In this section— commencement day means the day on which section 125 of the Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 comes into operation. 237 Behaviour support plans taken to be NDIS behaviour support plans (1) If immediately before the day a person becomes an NDIS participant the person has a behaviour support plan, on and from that day— -- 125 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 118 Authorised by the Chief Parliamentary Counsel (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 (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 use the restrictive practices on the person and, as the case requires approved by the Senior Practitioner— until whichever of the following happens first— (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 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 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 behaviour support plan but does have a treatment plan developed under Division 5 of Part 8, on and from that day— -- 126 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 119 Authorised by the Chief Parliamentary Counsel (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— (i) an NDIS behaviour support plan is developed for the NDIS participant; or (ii) it expires or is revoked under section 196 or 196A— 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 196A; and (ii) is taken to be the responsibility of the Authorised Program Officer of the disability service provider that applied for the supervised treatment order or, if the disability service provider has become a registered NDIS provider, the Authorised Program Officer appointed by that registered NDIS 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 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 comply with section 201L. -- 127 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 120 Authorised by the Chief Parliamentary Counsel (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. 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 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 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 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 implementing the supervised treatment order must comply with the requirements of Division 7 of Part 8; and (d) the supervised treatment order continues in force until it expires or is revoked under section 196 or 196A. -- 128 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 121 Authorised by the Chief Parliamentary Counsel 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 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 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 section 199 or 199A. 241 Regulations dealing with transitional matters (1) The Governor in Council may make regulations containing provisions of a 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, 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 (National Disability Insurance Scheme Transition) Amendment Act 2019 receives the Royal Assent; and (b) be of limited or general application; and -- 129 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 122 Authorised by the Chief Parliamentary Counsel (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 (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 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. (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 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"; (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 section 171"; -- 130 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 123 Authorised by the Chief Parliamentary Counsel (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. 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. 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". (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 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". (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". -- 131 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 124 Authorised by the Chief Parliamentary Counsel 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 "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 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". 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 "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 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 another residential institution under section 178". -- 132 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 125 Authorised by the Chief Parliamentary Counsel 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". 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— '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 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 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 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).'. -- 133 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 126 Authorised by the Chief Parliamentary Counsel 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— (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;". (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 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— (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 enrolled dwelling, for "National Disability Insurance Scheme Act 2013 of the Commonwealth" substitute "NDIS Act". (4) In section 3(1) of the Principal Act— (a) in paragraph (a)(i) of the definition of NDIS participant's guardian, for "Guardianship and Administration Act 1986" substitute -- 134 of 218 -- Part 2—Amendment of the Disability Act 2006 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 127 Authorised by the Chief Parliamentary Counsel "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 "Guardianship and Administration Act 2019". Subdivision 3—Residential Tenancies Amendment Act 2018 related amendments 146 Amendments consequential on commencement of 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" 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, for "tenancy agreement" substitute "residential rental agreement". (4) In section 129(6) of the Principal Act, for "tenancy agreement" substitute "residential rental agreement". (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 agreement". -- 135 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 128 Authorised by the Chief Parliamentary Counsel 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 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 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 in subsection (2)— (a) an order terminating the existing tenancy agreement; (b) an order— (i) terminating the existing tenancy 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 (if any) specified in the application; (c) if all the tenants under the existing tenancy agreement are SDA residents, an order— (i) terminating the tenancy agreement; and -- 136 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 129 Authorised by the Chief Parliamentary Counsel (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 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 agreement; (b) the SDA resident did not receive an information statement as required under section 498D before entering into the tenancy agreement; (c) the SDA resident was given an information statement under 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 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— (i) the Director; (ii) the SDA resident's guardian (if any); (iii) the SDA resident's administrator (if any); (iv) the Public Advocate; (b) the SDA provider; -- 137 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 130 Authorised by the Chief Parliamentary Counsel (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 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)— (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 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 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 (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 coerced or deceived into entering a tenancy agreement or that the SDA resident did not receive an information statement under section 498D or an -- 138 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 131 Authorised by the Chief Parliamentary Counsel explanation of the information statement under section 498E— (i) order the termination of the existing tenancy agreement; or (ii) order the termination of the 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 application; or (iii) if all tenants to the agreement are SDA residents, order the termination of the existing tenancy agreement and require the SDA 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 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 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 agreement to enter into a new tenancy agreement or to enter into, or establish, one or more SDA residency agreements (as appropriate); or -- 139 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 132 Authorised by the Chief Parliamentary Counsel (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 agreement on terms declared by the Tribunal; or (ii) unable to enter into, or establish, one or multiple SDA residency agreements (as appropriate), direct 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 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— (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 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. (5) In determining an application under section 234A(1), the Tribunal may take into account the Director's guidelines.". -- 140 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 133 Authorised by the Chief Parliamentary Counsel 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." substitute "accommodation; or"; (b) after paragraph (d) insert— "(e) the tenant, who is an SDA resident, has been given a notice under section 498DA.". (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 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 enrolled dwellings In section 486B(1) of the Residential Tenancies Act 1997— (a) in paragraph (e), for "research." substitute "research; and"; (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).". -- 141 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 134 Authorised by the Chief Parliamentary Counsel 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 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 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 SDA provider substitute— "(a) who is a registered NDIS provider that provides specialist disability accommodation; and". (3) In section 498B of the Residential Tenancies 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;". 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 "the SDA provider and the SDA resident". -- 142 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 135 Authorised by the Chief Parliamentary Counsel 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 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,". (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 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 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 corporate.". 154 New section 498DA inserted After section 498D of the Residential Tenancies Act 1997 insert— "498DA Notice of revocation of registration or enrolment (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 -- 143 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 136 Authorised by the Chief Parliamentary Counsel the person is providing an SDA enrolled dwelling, written notice— (a) within 5 days of the registration being revoked; and (b) specifying— (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 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 (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 the person's registration under the NDIS was revoked. Penalty: 25 penalty units. (2) If a dwelling ceases to be an SDA enrolled dwelling, an SDA provider providing the 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 (b) specifying— (i) that the dwelling is no longer enrolled as an SDA enrolled dwelling; and -- 144 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 137 Authorised by the Chief Parliamentary Counsel (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 the SDA resident may give the landlord a reduced period of notice of intention to vacate the SDA enrolled dwelling under section 237; and (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 the SDA enrolled dwelling ceased to be enrolled. Penalty: 25 penalty units.". 155 Explaining notices or information given to SDA residents under this Part 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— "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; and -- 145 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 138 Authorised by the Chief Parliamentary Counsel (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 (if any); (iii) a carer of the SDA resident; (iv) a person chosen by the SDA resident; (v) a litigation guardian appointed by 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 made, or the direction given, in respect of the SDA resident— (i) an SDA provider; or (ii) if an SDA provider is not a party to the proceeding but a relevant 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 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. -- 146 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 139 Authorised by the Chief Parliamentary Counsel (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 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. (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— (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 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. (6) In this section— relevant person means any of the following— (a) an agent of the SDA provider; (b) a mortgagee in respect of an SDA enrolled dwelling that the SDA resident is or was residing in; (c) an SDA enrolled dwelling owner within the meaning of section 498ZZX.". -- 147 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 140 Authorised by the Chief Parliamentary Counsel 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 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. (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 agreement; (b) the address of the SDA enrolled dwelling being provided by the SDA provider under the SDA residency agreement; (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 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 Residential Tenancies Act 1997 substitute— "Penalty: 25 penalty units.". -- 148 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 141 Authorised by the Chief Parliamentary Counsel 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— "Penalty: 25 penalty units.". 161 Harsh and unconscionable terms 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— (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 (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 Tenancies Act 1997 insert— "Division 3A—Disclosures and representations prior to entering into SDA residency agreement 498LA Restriction on use of personal information 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 to enter into an SDA residency agreement unless the use is for the following— -- 149 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 142 Authorised by the Chief Parliamentary Counsel (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; (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 (ii) other applicants applying to enter into an SDA residency agreement in respect of the SDA enrolled dwelling. 498LB Information that SDA provider must disclose before entering SDA residency agreement Before entering into an SDA residency agreement, an SDA provider must disclose the following information to the SDA 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 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 possession of the SDA enrolled dwelling; -- 150 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 143 Authorised by the Chief Parliamentary Counsel (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 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 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; (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 (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 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 that is misleading or deceptive, or that is likely to mislead or deceive. -- 151 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 144 Authorised by the Chief Parliamentary Counsel (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— (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 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; (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; 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 (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 -- 152 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 145 Authorised by the Chief Parliamentary Counsel (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— "(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 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 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 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— (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 the SDA enrolled dwelling; or -- 153 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 146 Authorised by the Chief Parliamentary Counsel (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 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 "intentionally". (2) In section 498N(2) of the Residential Tenancies Act 1997— (a) in paragraph (e), for "provider." substitute "provider; and"; (b) after paragraph (e) insert— "(f) keep a pet without obtaining the consent of the SDA provider.". (3) After section 498N(2) of the Residential Tenancies Act 1997 insert— "(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— (a) fair wear and tear; (b) accidental damage; (c) the reasonable use of the SDA enrolled dwelling; (d) the reasonable use of any aids, equipment, fixtures and fittings used in the SDA enrolled dwelling; -- 154 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 147 Authorised by the Chief Parliamentary Counsel (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 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 Disability Act 2006; (i) circumstances suggesting that the SDA resident has been subjected to abuse or 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— "(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 Tribunal may consider in determining an application under this section, the Tribunal must consider the Director's guidelines.". -- 155 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 148 Authorised by the Chief Parliamentary Counsel 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 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 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 (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 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 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 accordance with section 498X; or -- 156 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 149 Authorised by the Chief Parliamentary Counsel (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 (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.". 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". (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— (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 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 the SDA resident or, if there are multiple SDA residents, all the SDA residents.". -- 157 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 150 Authorised by the Chief Parliamentary Counsel (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)— (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 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 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 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 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 agreed with the SDA resident or, if there are multiple SDA residents in the SDA enrolled dwelling, all the SDA residents; -- 158 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 151 Authorised by the Chief Parliamentary Counsel (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 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— "(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 (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 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 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 (b) the method by which the rent increase was calculated; and -- 159 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 152 Authorised by the Chief Parliamentary Counsel (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 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.". 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 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. Penalty: 60 penalty units. (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 resident's bank account) is reasonably available to the SDA resident. Penalty: 60 penalty units. (4) Without limiting how rent is paid, an SDA provider or that person's agent must permit the SDA resident to pay the rent by the following payment methods— -- 160 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 153 Authorised by the Chief Parliamentary Counsel (a) the bill paying service known as Centrepay administered by the Department of Human Services of the Commonwealth; (b) any prescribed payment method. (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. (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 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 (1) For the penalty at the foot of section 498ZE(1) of the Residential Tenancies Act 1997 substitute— "Penalty: 25 penalty units.". (2) For the penalty at the foot of section 498ZE(2) of the Residential Tenancies Act 1997 substitute— "Penalty: 25 penalty units.". (3) For the penalty at the foot of section 498ZE(3) of the Residential Tenancies Act 1997 substitute— "Penalty: 25 penalty units.". 176 SDA resident's goods not to be taken for rent For the penalty at the foot of section 498ZF of the Residential Tenancies Act 1997 substitute— "Penalty: 60 penalty units.". -- 161 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 154 Authorised by the Chief Parliamentary Counsel 177 Certain charges prohibited (1) For the penalty at the foot of section 498ZL(1) of the Residential Tenancies Act 1997 substitute— "Penalty: 60 penalty units.". (2) For the penalty at the foot of section 498ZL(2) of the Residential Tenancies Act 1997 substitute— "Penalty: 60 penalty units.". (3) For the penalty at the foot of section 498ZL(3) of the Residential Tenancies Act 1997 substitute— "Penalty: 60 penalty units.". (4) For the penalty at the foot of section 498ZL(4) of the Residential Tenancies Act 1997 substitute— "Penalty: 60 penalty units.". (5) In section 498ZL(5)(b) of the Residential Tenancies Act 1997, after "facilities" insert "or any other electronic payment facility". (6) For the penalty at the foot of section 498ZL(5) of the Residential Tenancies Act 1997 substitute— "Penalty: 60 penalty units.". 178 SDA provider's liability for various utility charges (1) In section 498ZM of the Residential Tenancies Act 1997— (a) in paragraph (b), for "dwelling." substitute "dwelling; and"; (b) after paragraph (b) insert— "(c) all rates, taxes or charges payable under any Act other than charges payable by the SDA resident under this Part.". -- 162 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 155 Authorised by the Chief Parliamentary Counsel (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 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. 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 charge For the penalty at the foot of section 498ZN of the Residential Tenancies Act 1997 substitute— "Penalty: 60 penalty units.". 180 Definitions—compensation and compliance (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"; (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 under section 498ZP;". -- 163 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 156 Authorised by the Chief Parliamentary Counsel 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— "(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 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; (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; (f) any behaviour arising from the SDA 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 Disability Act 2006; -- 164 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 157 Authorised by the Chief Parliamentary Counsel (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 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 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 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; (b) in the case of damage to, or destruction of, property, accidental damage; (c) the reasonable use of the SDA enrolled dwelling; (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; (f) any behaviour arising from the SDA resident's disability including circumstances aggravating to the SDA resident's disability or emotional wellbeing; -- 165 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 158 Authorised by the Chief Parliamentary Counsel (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 Disability Act 2006; (i) circumstances suggesting that the SDA resident has been subjected to abuse or neglect.". 183 Orders of Tribunal 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 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.". 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 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 SDA enrolled dwelling;"; (c) in paragraph (i), after "repair" insert ", renovate or reconstruct". -- 166 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 159 Authorised by the Chief Parliamentary Counsel (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 any of the following have significantly contributed to the serious damage or destruction caused— (a) fair wear and tear; (b) accidental damage; (c) the reasonable use of the SDA enrolled dwelling; (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; (f) any behaviour arising from the SDA 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 Disability Act 2006; (i) circumstances suggesting that the SDA resident has been subjected to abuse or neglect.". -- 167 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 160 Authorised by the Chief Parliamentary Counsel (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 Residential Tenancies Act 1997 substitute— "Penalty: 60 penalty units.". (5) In section 498ZV(5) of the Residential Tenancies Act 1997, after "Public Advocate" insert "and the Director". (6) For the penalty at the foot of section 498ZV(5) of Residential Tenancies Act 1997 substitute— "Penalty: 60 penalty units.". (7) In section 498ZV(6) of the Residential Tenancies Act 1997 for ", before the notice of temporary 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" 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 (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 delivered up to the SDA provider;". -- 168 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 161 Authorised by the Chief Parliamentary Counsel (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;". (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 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 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 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 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; -- 169 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 162 Authorised by the Chief Parliamentary Counsel (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.". 186 New section 498ZWA inserted After section 498ZW of the Residential Tenancies Act 1997 insert— "498ZWA Order of Tribunal that premises are abandoned (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. (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 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 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 appropriately supported in the SDA enrolled dwelling; or -- 170 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 163 Authorised by the Chief Parliamentary Counsel (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— (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 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 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.". (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 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 with an order— (a) in the case of damage to, or destruction of, an SDA enrolled dwelling, fair wear and tear; -- 171 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 164 Authorised by the Chief Parliamentary Counsel (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; (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; (f) any behaviour arising from the SDA 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 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 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 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 -- 172 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 165 Authorised by the Chief Parliamentary Counsel (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 the notice; and Note See section 486A.". (7) In section 498ZX(7) of the Residential Tenancies Act 1997, for "and the Public Advocate" 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— "Penalty: 60 penalty units.". (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— "Penalty: 60 penalty units.". (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 "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 "notice being"; (b) in paragraph (c), for "requires." substitute "requires;"; -- 173 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 166 Authorised by the Chief Parliamentary Counsel (c) after paragraph (c) insert— "(d) the Director.". 189 Withdrawal of notice After section 498ZZB(3) of the Residential Tenancies Act 1997 insert— "(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 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 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 (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. (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 ends. -- 174 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 167 Authorised by the Chief Parliamentary Counsel (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 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 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— "Penalty: 60 penalty units.". (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) of the Residential Tenancies Act 1997 substitute— "Penalty: 60 penalty units.". 192 Application for possession order by mortgagee At the end of section 498ZZF of the Residential 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.". -- 175 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 168 Authorised by the Chief Parliamentary Counsel 193 Order of Tribunal (1) In section 498ZZH(1) of the Residential Tenancies Act 1997— (a) in paragraph (b), for "withdrawn." substitute "withdrawn; and"; (b) after paragraph (b) insert— "(c) in the circumstances of the particular application, it is reasonable and proportionate having regard to section 498ZZHA.". (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 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"; (b) after paragraph (b) insert— "(c) in the circumstances of the particular application, it is reasonable and proportionate having regard to section 498ZZHA.". 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 reasonable and proportionate to make a possession order, the Tribunal must have regard to the following— -- 176 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 169 Authorised by the Chief Parliamentary Counsel (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; (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; (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; (g) whether another course of action is reasonably available; (h) any other matter the Tribunal considers relevant.". 195 Contents of possession order 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 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 accommodation.". 196 Order not to be made in certain circumstances Section 498ZZK(b)(ii) of the Residential Tenancies Act 1997 is repealed. -- 177 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 170 Authorised by the Chief Parliamentary Counsel 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 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 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) of the Residential Tenancies Act 1997 substitute— "Penalty: 150 penalty units in the case of a natural person; 750 penalty units in the case of a body corporate.". 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 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. -- 178 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 171 Authorised by the Chief Parliamentary Counsel 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? (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— (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 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 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 dwelling and store them at a safe place.". 201 Section 498ZZZE repealed Section 498ZZZE of the Residential Tenancies Act 1997 is repealed. -- 179 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 172 Authorised by the Chief Parliamentary Counsel 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 (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 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 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 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 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; (b) the amount of the reasonable costs of the sale. -- 180 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 173 Authorised by the Chief Parliamentary Counsel (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 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 of the sale less the amounts in subsection (1)(a) and (b) within 30 days after the end of that 6 month period. Penalty: 30 penalty units.". 203 Section 498ZZZH repealed Section 498ZZZH of the Residential Tenancies Act 1997 is repealed. 204 Section 498ZZZM substituted For section 498ZZZM of the Residential Tenancies Act 1997 substitute— "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 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 an order requiring the SDA enrolled dwelling owner to store the goods for a period of more than 14 days.". -- 181 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 174 Authorised by the Chief Parliamentary Counsel 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 For the penalty at the foot of section 498ZZZO of the Residential Tenancies Act 1997 substitute— "Penalty: 60 penalty units.". 207 Offence to obtain possession etc. of SDA enrolled dwelling (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; 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— "Penalty: 300 penalty units in the case of a natural person; 750 penalty units in the case of a body corporate.". 208 New section 498ZZZPA inserted 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 an SDA enrolled dwelling in respect of which a notice to vacate has been given -- 182 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 175 Authorised by the Chief Parliamentary Counsel 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 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. (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 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 (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 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 Tenancies Act 1997 omit "and fraudulent". -- 183 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 176 Authorised by the Chief Parliamentary Counsel (3) For the penalty at the foot of section 498ZZZQ 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 corporate.". (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 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 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. Penalty: 300 penalty units in the case of a natural person; 750 penalty units in the case of a body corporate.". 210 Offence to persuade person not to exercise rights or 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; 750 penalty units in the case of a body corporate.". -- 184 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 177 Authorised by the Chief Parliamentary Counsel 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 natural person; 750 penalty units in the case of a body corporate.". 212 Certain penalties prohibited For the penalty at the foot of section 498ZZZT 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 corporate.". 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 "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 Tenancies Act 1997— (a) for "tenancy agreement" substitute "residential rental agreement"; (b) for "landlord" substitute "residential rental provider"; (c) for "section 237" substitute "section 91ZB". -- 185 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 178 Authorised by the Chief Parliamentary Counsel 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 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 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 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 ground specified in subsection (2)— (a) an order terminating the existing residential rental agreement; (b) an order— (i) terminating the existing residential 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 an SDA resident and other persons -- 186 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 179 Authorised by the Chief Parliamentary Counsel (if any) specified in the application; (c) if all the renters under the existing residential rental agreement are SDA residents, an order— (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 residency agreement with each person who is a renter under the existing residential rental 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 residential rental agreement; (b) the SDA resident did not receive an information statement as required under section 498D before entering into the residential rental agreement; (c) the SDA resident was given an information statement under 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 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— -- 187 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 180 Authorised by the Chief Parliamentary Counsel (i) the Director; (ii) the SDA resident's guardian (if any); (iii) the SDA resident's administrator (if any); (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 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. (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 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. (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. -- 188 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 181 Authorised by the Chief Parliamentary Counsel 91YB Tribunal orders (1) On an application under section 91YA(1), the Tribunal may— (a) order the dismissal of the application; or (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 section 498D or an explanation of the information statement under section 498E— (i) order the termination of the existing residential rental agreement; or (ii) order the termination of the existing residential rental agreement and that the SDA provider enter into a new 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 SDA residents, order the termination of the existing residential rental agreement and require the SDA 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 the date on which the existing residential rental agreement terminates. -- 189 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 182 Authorised by the Chief Parliamentary Counsel (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 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 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 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, one or multiple SDA residency agreements (as appropriate), direct 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 subsection (1)(b), having regard to any financial disadvantage suffered by the renter and regardless of any loss or damage suffered by the SDA provider, the Tribunal may— -- 190 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 183 Authorised by the Chief Parliamentary Counsel (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 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. (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 (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— "(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— "(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 termination date that is not less than 14 days after the date on which the notice is given.". -- 191 of 218 -- Part 3—Amendment of Residential Tenancies Act 1997 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 184 Authorised by the Chief Parliamentary Counsel 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. 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 or renters (as appropriate) in accordance with the order of the Tribunal.". -- 192 of 218 -- Part 4—Amendment of other Acts Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 185 Authorised by the Chief Parliamentary Counsel 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 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 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 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 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 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". -- 193 of 218 -- Part 4—Amendment of other Acts Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 186 Authorised by the Chief Parliamentary Counsel 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);". 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 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 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 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 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 "this or". -- 194 of 218 -- Part 4—Amendment of other Acts Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 187 Authorised by the Chief Parliamentary Counsel 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 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. (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 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 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". 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 worker screening unit; or (ii) has had a clearance suspended or revoked by an NDIS worker screening unit; or". -- 195 of 218 -- Part 4—Amendment of other Acts Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 188 Authorised by the Chief Parliamentary Counsel (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 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;". (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 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 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 relevant event— (a) in paragraph (a)(x) omit "an NDIS worker screening check"; (b) in paragraph (a)(xi) omit "NDIS worker screening check"; (c) in paragraph (a)(xiii) omit "clearance". -- 196 of 218 -- Part 4—Amendment of other Acts Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 189 Authorised by the Chief Parliamentary Counsel 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 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 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 (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"; (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 Sections 300 and 301 of the Disability Service Safeguards Act 2018 are repealed. -- 197 of 218 -- Part 4—Amendment of other Acts Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 190 Authorised by the Chief Parliamentary Counsel 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 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 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 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 Safeguards Act 2018, for 'or "SDA' substitute '"or SDA'. Division 2—Amendment of Residential Tenancies Amendment Act 2018 237 Definitions (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 "notice" insert ", except in Division 9 of Part 12A,"; -- 198 of 218 -- Part 4—Amendment of other Acts Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 191 Authorised by the Chief Parliamentary Counsel (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— (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 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 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 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 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. 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 -- 199 of 218 -- Part 4—Amendment of other Acts Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 192 Authorised by the Chief Parliamentary Counsel 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 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 Impairment and Unfitness to be Tried) Act 1997— (a) in the definition of appropriate place— (i) in paragraph (b), for "facility; or" substitute "facility;"; (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 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". 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". -- 200 of 218 -- Part 4—Amendment of other Acts Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 193 Authorised by the Chief Parliamentary Counsel (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". 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 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 (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". (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". (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 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". -- 201 of 218 -- Part 4—Amendment of other Acts Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 194 Authorised by the Chief Parliamentary Counsel (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 "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 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" substitute "service or a residential treatment facility". (2) In section 73E(4) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997— (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 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". -- 202 of 218 -- Part 4—Amendment of other Acts Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 195 Authorised by the Chief Parliamentary Counsel 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— "(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;"; (b) insert the following definitions— "NDIS Act means the National Disability Insurance Scheme Act 2013 of the Commonwealth; NDIS Commission means the NDIS Quality 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, 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 Act; (vi) the NDIS Commission;". 250 Referred complaints In section 233(1) of the Mental Health Act 2014— (a) in paragraph (j), for "1973." substitute "1973;"; -- 203 of 218 -- Part 4—Amendment of other Acts Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 196 Authorised by the Chief Parliamentary Counsel (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— "Division 1—Mental Health Amendment Act 2015". (2) After section 428A of the Mental Health Act 2014 insert— "Division 2—Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 429 Definitions In this Division— Amending Act means the Disability (National Disability Insurance Scheme Transition) Amendment Act 2019; commencement day means the day on which section 248 of the Amending Act comes into operation; National Disability Insurance Scheme means the National Disability Insurance Scheme within the meaning of the NDIS Act. 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 Commissioner's functions under Part 10 for the purposes of dealing with or resolving a -- 204 of 218 -- Part 4—Amendment of other Acts Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 197 Authorised by the Chief Parliamentary Counsel 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 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. (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 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— (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 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 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. -- 205 of 218 -- Part 4—Amendment of other Acts Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 198 Authorised by the Chief Parliamentary Counsel 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 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 providing services funded by the National Disability Insurance Scheme before 1 July 2019 if— (a) the investigation begins before the commencement day; or (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. (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 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 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 health service provider began being -- 206 of 218 -- Part 4—Amendment of other Acts Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 199 Authorised by the Chief Parliamentary Counsel 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 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 by the National Disability Insurance Scheme. 432 Community visitors Despite the amendments made by section 248 of the Amending Act, on and 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 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 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— "(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;". -- 207 of 218 -- Part 4—Amendment of other Acts Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 200 Authorised by the Chief Parliamentary Counsel 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;"; (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 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— "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 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 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 accommodation and assistance or supported independent living; or -- 208 of 218 -- Part 4—Amendment of other Acts Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 201 Authorised by the Chief Parliamentary Counsel (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 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, 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 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 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; 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 section 181C of the National Disability Insurance Scheme Act 2013 of the Commonwealth;". -- 209 of 218 -- Part 4—Amendment of other Acts Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 202 Authorised by the Chief Parliamentary Counsel 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 ". 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 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— "(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 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 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 "132ZC". -- 210 of 218 -- Part 4—Amendment of other Acts Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 203 Authorised by the Chief Parliamentary Counsel 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 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 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 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 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 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 Administration Act 2019, in paragraph (a) of the definition of institution omit ", residential institution". -- 211 of 218 -- Part 4—Amendment of other Acts Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 204 Authorised by the Chief Parliamentary Counsel 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 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 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 Act 2001— (a) in paragraph (c), for "1973—" substitute "1973; or"; (b) after paragraph (c) insert— "(d) the National Disability Insurance Scheme Act 2013 of the Commonwealth—"; (c) for "or the Ombudsman" substitute ", the Ombudsman or the NDIS Commissioner". 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, for "or residential treatment facility" substitute ", residential treatment facility or SDA enrolled dwelling". -- 212 of 218 -- Part 4—Amendment of other Acts Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 205 Authorised by the Chief Parliamentary Counsel (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 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"; (b) after paragraph (c) insert— "(ca) an SDA enrolled dwelling within the meaning of the Residential Tenancies Act 1997; and". 267 Ombudsman Act 1973 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— "(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 (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 "Health and". -- 213 of 218 -- Part 4—Amendment of other Acts Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 206 Authorised by the Chief Parliamentary Counsel 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 "Commonwealth; or"; (b) in the definition of relevant Act, after paragraph (s) insert— "(t) the National Disability Insurance Scheme Act 2013 of the 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 the National Disability Insurance Scheme Act 2013 of the Commonwealth; or". (2) In section 287(2) of the Serious Offenders Act 2018— (a) in paragraph (e), for "2014." substitute "2014; or"; (b) after paragraph (e) insert— "(f) a registered NDIS provider within the meaning of the National Disability 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". -- 214 of 218 -- Part 4—Amendment of other Acts Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 207 Authorised by the Chief Parliamentary Counsel 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 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 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 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". 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,". (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 Act 2017, after paragraph (c) of the definition of professional care services insert— -- 215 of 218 -- Part 4—Amendment of other Acts Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 208 Authorised by the Chief Parliamentary Counsel "(d) services provided by a registered NDIS provider within the meaning of the National Disability Insurance Scheme Act 2013 of the Commonwealth;". -- 216 of 218 -- Part 5—Repeal of this Act Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 209 Authorised by the Chief Parliamentary Counsel 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 the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═════════════ -- 217 of 218 -- Endnotes Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 No. 19 of 2019 210 Authorised by the Chief Parliamentary Counsel 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. † Minister's second reading speech— Legislative Assembly: 4 June 2019 Legislative Council: 6 June 2019 The long title for the Bill for this Act was "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." -- 218 of 218 --