Disability Amendment Act 2017
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Disability Amendment Act 2017
No. 33 of 2017
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary 1
1 Purpose 1
2 Commencement 2
3 Principal Act 2
Part 2—Amendment of the Disability Act 2006 3
4 Definitions 3
5 Principles 6
6 Functions of the Disability Services Commissioner 7
7 Powers of the Disability Services Commissioner 9
8 Annual report 10
9 New section inserted after section 19 12
10 Information systems and disclosure, use and transfer of
information 12
11 Report on complaints about disability service providers 14
12 Heading to Division 5A of Part 6 substituted 15
13 Section 106A substituted 15
14 Report on complaints about regulated service providers 15
15 Duty to take all reasonable steps to prevent adverse effects 15
16 Purpose of Division 6 of Part 6 16
17 Section 108A substituted 16
18 What matters can be the subject of a complaint? 16
19 Investigation of a complaint 17
20 Notice of decision and procedures 17
21 Repeal of section 122, attendance of witnesses, calling for
evidence etc. 17
22 Section 123 substituted 17
23 Repeal of section 124, warrants 17
24 Repeal of section 125, false statements 17
25 Repeal of section 126, persons not to be penalised for making
a complaint 17
26 Repeal of section 127, protections 17
27 Repeal of section 128, secrecy 18
28 New Divisions inserted after Division 6 of Part 6 18
29 New Divisions inserted after Division 7 of Part 6 33
30 Power to bring proceedings 57
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31 Regulations 57
32 New Division inserted in Part 10 58
Part 3—Repeal of amending Act 59
33 Repeal of amending Act 59
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Endnotes 60
1 General information 60
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Authorised by the Chief Parliamentary Counsel
Authorised Version
1
Disability Amendment Act 2017 †
No. 33 of 2017
[Assented to 15 August 2017]
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purpose
The purpose of this Act is to amend the Disability
Act 2006—
(a) to provide for investigations by the
Disability Services Commissioner into—
(i) complaints about the provision of
certain services to persons with a
disability; and
Victoria
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(ii) abuse and neglect in the provision
of certain services to persons with a
disability; and
(iii) matters referred to the Disability
Services Commissioner by the
Minister or the Secretary; and
(b) to provide for minor and related matters.
2 Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3 Principal Act
In this Act, the Disability Act 2006 is called the
Principal Act.
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Part 2—Amendment of the
Disability Act 2006
4 Definitions
(1) In section 3(1) of the Principal Act insert the
following definitions—
"accountability investigation means—
(a) an investigation under section 118; or
(b) an initiated investigation; or
(c) a referral investigation in which
section 128I(4) applies; or
(d) a follow up investigation;
Commissioner for Privacy and Data Protection
has the same meaning as Commissioner
has in the Privacy and Data Protection
Act 2014;
Commission for Children and Young People
has the same meaning as Commission has
in the Commission for Children and
Young People Act 2012;
exempt service provider means a disability service
provider or a regulated service provider—
(a) who is prescribed as an exempt service
provider; or
(b) who is of a class of disability service
provider or regulated service provider
that is prescribed as exempt service
providers;
follow up investigation means an investigation
under section 128R(1);
Health Complaints Commissioner has the same
meaning as Commissioner has in the Health
Complaints Act 2016;
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IBAC has the same meaning as in the
Independent Broad-based Anti-corruption
Commission Act 2011;
individual initiated investigation means an
initiated investigation under section
128B(1)(b);
initiated investigation means an investigation
under section 128B(1);
Mental Health Complaints Commissioner has
the same meaning as Commissioner has in
the Mental Health Act 2014;
NDIA has the same meaning as Agency has in
the National Disability Insurance Scheme
Act 2013 of the Commonwealth;
notice to take action means a notice given by the
Disability Services Commissioner under—
(a) section 119(1)(a) that specifies action
to be taken under section 119(1)(c); or
(b) section 128F that specifies action to be
taken under section 128G; or
(c) section 128N that specifies action to be
taken;
Ombudsman means the Ombudsman appointed
under the Ombudsman Act 1973;
prescribed service provider means a person—
(a) who provides services to a person with
a disability specifically for the support
of that person; and
(b) who is—
(i) prescribed for the purposes of this
definition; or
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(ii) of a class of service provider
prescribed for the purposes of this
definition;
referral investigation means an investigation
under section 128I(1);
regulated disability service means any of the
following—
(a) a service provided to a person with a
disability by a contracted service
provider;
(b) a service provided to a person with a
disability by a funded service provider;
(c) a service provided to a person with a
disability specifically to support that
person by a prescribed service provider;
regulated service provider means any of the
following—
(a) a contracted service provider;
(b) a funded service provider;
(c) a prescribed service provider;
State Coroner has the same meaning as in the
Coroners Act 2008;
systemic initiated investigation means an initiated
investigation under section 128B(1)(a);
Victoria Police has the same meaning as in the
Victoria Police Act 2013;".
(2) In section 3(1) of the Principal Act, the definition
of Minister is repealed.
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(3) In section 3(1) of the Principal Act, for the
definition of authorised officer substitute—
"authorised officer—
(a) in Part 6, means a person appointed
as an authorised officer by the
Disability Services Commissioner
under Division 8 of Part 6;
(b) other than in Part 6, means a person
appointed as an authorised officer
under section 207;".
5 Principles
(1) In section 5(3) of the Principal Act—
(a) for "Disability services should—" substitute
"Disability services and regulated disability
services should—";
(b) after paragraph (m) insert—
"(ma) be provided in a manner that promotes
the upholding of the rights, dignity,
wellbeing and safety of persons with a
disability;
(mb) be provided in a manner that does
not—
(i) tolerate abuse, neglect or
exploitation of persons with a
disability; or
(ii) normalise abuse, neglect or
exploitation of persons with a
disability;".
(2) In section 5(5) of the Principal Act, after
"disability services" insert "and regulated
disability services".
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6 Functions of the Disability Services Commissioner
In section 16 of the Principal Act—
(a) for paragraph (a) substitute—
"(a) to investigate complaints relating
to disability services and regulated
disability services;";
(b) after paragraph (b) insert—
"(ba) review and identify the causes of
abuse and neglect in the provision
of disability services and regulated
disability services to persons with
a disability and suggest ways of
removing and minimising those
causes;";
(c) in paragraph (c), for "or inquire into"
substitute ", inquire into or investigate";
(d) after paragraph (c) insert—
"(ca) to conduct investigations into the
provision of services to persons with a
disability as specified in this Act;";
(e) in paragraph (d), after "disability service
provider" insert "or a regulated service
provider";
(f) in paragraph (e), after "complaints
procedures" insert "and procedures for
accountability investigations";
(g) in paragraph (f), after "complaints received"
insert "and investigations conducted";
(h) paragraph (g) is repealed;
(i) in paragraph (h), after "disability services
complaints systems" insert "or complaints
systems of regulated service providers";
(j) paragraph (l) is repealed;
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(k) for paragraphs (n) and (o) substitute—
"(n) provide education and information
about the prevention of conduct that
leads to complaints and about the
resolution of complaints relating to
the provision of disability services
and regulated disability services;
(o) provide education and information
about responding to allegations of
abuse and neglect in the provision
of disability services and regulated
disability services;
(oa) provide education and information
about the prevention of abuse and
neglect in the provision of disability
services and regulated disability
services;";
(l) for paragraph (p) substitute—
"(p) conduct research into—
(i) complaints relating to the
provision of disability services
and regulated disability services;
and
(ii) mechanisms for resolving
complaints relating to the
provision of disability services
and regulated disability services;
(pa) conduct research into—
(i) abuse and neglect in the provision
of disability services and regulated
disability services; and
(ii) mechanisms for preventing abuse
and neglect in the provision of
disability services and regulated
disability services;".
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7 Powers of the Disability Services Commissioner
In section 17(1) of the Principal Act—
(a) for paragraph (b)(i) substitute—
"(i) dealing with complaints relating
to disability services or regulated
disability services; and
(ia) preventing and responding to abuse
and neglect of persons with a disability
receiving disability services or
regulated disability services; and";
(b) for paragraph (d) substitute—
"(d) provide advice generally on any matter
with respect to complaints to—
(i) disability service providers and
regulated service providers; and
(ii) complainants; and
(iii) the Minister; and
(iv) the Secretary;
(da) provide advice generally on any
matter with respect to accountability
investigations and the prevention and
response to abuse and neglect to—
(i) disability service providers and
regulated service providers; and
(ii) persons with a disability; and
(iii) the Minister; and
(iv) the Secretary;";
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(c) in paragraph (e)—
(i) after "disability service providers"
insert "and regulated service
providers";
(ii) omit "relating to disability services";
(d) for paragraph (f) substitute—
"(f) seek information about the working of
the complaints system and about any
systems in place to prevent and respond
to abuse and neglect from the
following—
(i) disability service providers;
(ii) regulated service providers;
(iii) users of services provided by
disability service providers or
regulated service providers;
(g) anything necessary or convenient to
be done for or in connection with the
performance of those functions.".
8 Annual report
(1) In section 19(1) of the Principal Act—
(a) for paragraph (a) substitute—
"(a) information about—
(i) the number and type of
complaints and the outcome of
the complaints; and
(ii) the number and type of follow up
investigations for the complaints
and the outcome of the follow up
investigations; and";
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(b) for paragraph (b) substitute—
"(b) information about—
(i) the number and type of initiated
investigations and the outcome of
the investigations; and
(ii) the number and type of any
follow up investigations for those
initiated investigations and the
outcome of the follow up
investigations; and
(c) if so requested by the Minister in
writing, information about—
(i) the number and type of referral
investigations and the outcome of
the investigations; and
(ii) the number and type of any follow
up investigations for those referral
investigations and the outcome of
the follow up investigations; and
(d) any other information specifically
requested in writing by the Minister—".
(2) For section 19(2) of the Principal Act
substitute—
"(2) In a report under subsection (1) the
Disability Services Commissioner may
name a service provider—
(a) who has unreasonably failed to take
action specified in a notice to take
action; and
(b) who has been given a notice under
section 128Q.".
(3) In section 19(3) of the Principal Act, for
"disability service provider" (wherever
occurring) substitute "service provider".
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9 New section inserted after section 19
After section 19 of the Principal Act insert—
"19A Protection from liability for
Commissioner
(1) The Disability Services Commissioner is
not personally liable for anything done or
omitted to be done in good faith—
(a) in the exercise of a power or the
performance of a function under this
Act; or
(b) in the reasonable belief that the act or
omission was in the exercise of a power
or the performance of a function under
this Act.
(2) Any liability resulting from an act or
omission that, but for subsection (1),
would attach to the Disability Services
Commissioner attaches instead to the State.
(3) Nothing in this section derogates from the
effect of section 132U.".
10 Information systems and disclosure, use and
transfer of information
(1) For the heading to section 39 of the Principal Act
substitute—
"Information systems and disclosure, use and
transfer of information".
(2) In section 39(4) of the Principal Act—
(a) in paragraph (l), for "be made." substitute
"be made;";
(b) after paragraph (l) insert—
"(m) to the NDIA and to any prescribed
person or body, and to any person or
body of a prescribed class of person or
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body, for the purposes of the National
Disability Insurance Scheme, within the
meaning of the National Disability
Insurance Scheme Act 2013 of the
Commonwealth;
(n) to the Commonwealth Minister
administering the Aged Care Act 1997
of the Commonwealth for the purposes
of providing, arranging or funding
services to a person with a disability
who is or was receiving disability
services or regulated disability
services.".
(3) After section 39(5) of the Principal Act insert—
"(6) For any purpose for or with respect to the
NDIS or the implementation of the NDIS,
any person or body is authorised to use or
transfer the information described below
and to disclose the information described
below to the NDIA, or to any prescribed
person or body, or to any person or body
of a prescribed class of person or body—
(a) information about disability services or
regulated disability services or any
other prescribed services; and
(b) information about the provision
of disability services or regulated
disability services to persons, including
information about the services any
person requires, any carer of a person
and any support structure of a person;
and
(c) information about any staff engaged in
the provision of disability services or
regulated disability services.
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(7) A person or body to whom information is
disclosed under subsection (6) is authorised
to use or transfer that information for any
purpose for or with respect to the NDIS or
the implementation of the NDIS.
(8) A person or body to whom information is
disclosed under subsection (6) must not use
or transfer that information unless—
(a) the person or body does so for the
purpose for which the information has
been disclosed to the person or body; or
(b) if the person or body is authorised by or
under an Act or other law to do so.
Penalty: 20 penalty units.
(9) Subsections (6), (7) and (8) have effect
despite any other Act or law, other than
the Charter of Human Rights and
Responsibilities Act 2006.
(10) In this section—
NDIS means the National Disability
Insurance Scheme within the meaning
of the National Disability Insurance
Scheme Act 2013 of the
Commonwealth.".
11 Report on complaints about disability service
providers
At the end of section 105 of the Principal Act
insert—
"(2) Subsection (1) does not apply to a disability
service provider who is an exempt service
provider.".
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12 Heading to Division 5A of Part 6 substituted
For the heading to Division 5A of Part 6 of the
Principal Act substitute—
"Division 5A—Complaints to regulated
service providers" .
13 Section 106A substituted
For section 106A of the Principal Act
substitute—
"106A Internal process of regulated service
provider for complaints
A regulated service provider must institute
and operate a system to receive and resolve
complaints received by the regulated service
provider in respect of regulated disability
services provided by the regulated service
provider.
Penalty: 120 penalty units.".
14 Report on complaints about regulated service
providers
In section 106B of the Principal Act, for
"A contracted service provider or funded
service provider" substitute "A regulated
service provider, other than an exempt service
provider,".
15 Duty to take all reasonable steps to prevent adverse
effects
In section 106C of the Principal Act, for
"A contracted service provider or funded
service provider" substitute "A regulated
service provider".
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16 Purpose of Division 6 of Part 6
In section 107 of the Principal Act—
(a) in paragraph (b), for "providers." substitute
"providers; and";
(b) after paragraph (b) insert—
"(c) the provision of services by prescribed
service providers to persons with a
disability specifically for the support
of those persons.".
17 Section 108A substituted
For section 108A of the Principal Act
substitute—
"108A References to service provider
To avoid doubt, in this Division, a
reference to the service provider, in relation
to a complaint, is a reference to the service
provider about whom the complaint has
been made.".
18 What matters can be the subject of a complaint?
(1) For section 109(a), (b) and (c) of the Principal Act
substitute—
"(a) arises out of the provision of disability
services or regulated disability services; or
(b) is that a disability service provider or a
regulated service provider has acted
unreasonably by not properly investigating,
or not taking proper action on, a complaint
made to the service provider.".
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(2) At the end of section 109 of the Principal Act
insert—
"(2) A complaint about a provision of services by
an exempt service provider may not be made
to the Disability Services Commissioner
under this section.".
19 Investigation of a complaint
Section 118(3) of the Principal Act is repealed.
20 Notice of decision and procedures
Section 119(3), (4), (5), (6), (7), (8), (9) and (10)
of the Principal Act are repealed.
21 Repeal of section 122, attendance of witnesses,
calling for evidence etc.
Section 122 of the Principal Act is repealed.
22 Section 123 substituted
For section 123 of the Principal Act substitute—
"123 Powers not to be exercised during
conciliation
The Disability Services Commissioner must
not exercise a power under Division 8 while
a complaint is being conciliated.".
23 Repeal of section 124, warrants
Section 124 of the Principal Act is repealed.
24 Repeal of section 125, false statements
Section 125 of the Principal Act is repealed.
25 Repeal of section 126, persons not to be penalised
for making a complaint
Section 126 of the Principal Act is repealed.
26 Repeal of section 127, protections
Section 127 of the Principal Act is repealed.
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27 Repeal of section 128, secrecy
Section 128 of the Principal Act is repealed.
28 New Divisions inserted after Division 6 of Part 6
After Division 6 of Part 6 of the Principal Act
insert—
"Division 6A—Initiated investigations
Subdivision 1—Preliminary
128A Definition
In this Division—
Commissioner means the Disability Services
Commissioner.
Subdivision 2—Commissioner initiated
investigations
128B Commissioner initiated investigations
(1) The Commissioner, on the Commissioner's
own initiative, may conduct an investigation
into—
(a) the provision of disability services or
regulated disability services; or
(b) the provision of—
(i) a disability service to a person
with a disability; or
(ii) a regulated disability service to a
person with a disability.
(2) The Commissioner may conduct an
investigation under subsection (1)(a) if
the Commissioner identifies a persistent
or recurring systemic issue about abuse or
neglect in the provision of the services.
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(3) The Commissioner may conduct an
investigation under subsection (1)(b) if the
Commissioner receives information that
abuse or neglect may have occurred in the
provision of the service to the person with
the disability.
(4) The Commissioner must not conduct an
investigation under this section unless the
Commissioner considers that the
investigation—
(a) will assist the improvement of the
provision of the services; and
(b) can be conducted within the resources
of the Commissioner.
(5) The Commissioner must not conduct an
investigation under this section about a
provision of services by an exempt service
provider.
128C Notice of initiated investigation
(1) If the Commissioner decides to conduct
a systemic initiated investigation, the
Commissioner—
(a) must give written notice of the
investigation, to any service provider
whom the Commissioner decides to
investigate within 14 days after making
the decision to investigate the service
provider; and
(b) may give written notice of the
investigation, within 14 days after
making the decision to conduct the
investigation, to any person with a
disability who is the subject of the
investigation, or, if the person does not
have legal capacity, the guardian of the
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person, or, if none, the next of kin of
the person.
(2) Within 14 days after deciding to conduct
an individual initiated investigation, the
Commissioner must give written notice of
the investigation to—
(a) the person with a disability who is the
subject of the investigation or, if the
person does not have legal capacity, the
guardian of the person, or, if none, the
next of kin of the person; and
(b) any person who is alleged to have
abused or neglected the person with a
disability; and
(c) the service provider who provided the
service.
(3) If the Commissioner or an authorised
officer is exercising a power under
Subdivision 3 or 4 of Division 8 and notice
under subsection (1) or (2) has not been
given to the person in respect of whom the
power is being exercised, the notice must be
given at the same time as the Commissioner
or authorised officer begins to exercise the
power.
(4) The Commissioner is not required to
comply with subsection (1) or (2) if the
Commissioner considers that—
(a) if the notice is given, the health, safety
or welfare of a person to whom the
service provider being investigated is
providing services may be affected; or
(b) the proper investigation of the matter
would be prejudiced.
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(5) If subsection (4) applies, the Commissioner
must give written notice to any person
specified in subsection (1) or (2) without
delay after the Commissioner is satisfied
that—
(a) the risk is at an end; or
(b) there is no further likelihood of
prejudice to the proper investigation of
the matter—
but in any case not later than 6 months
after the investigation is completed or, if the
investigation ends before that time, before
the end of the investigation.
128D Decision of Commissioner on initiated
investigation
(1) On completing a systemic initiated
investigation, the Commissioner must
decide whether or not a persistent or
recurring systemic issue about abuse or
neglect in the provision of the services
exists.
(2) On completing an individual initiated
investigation, the Commissioner must
decide whether or not abuse or neglect has
occurred in the provision of the service to
the person with a disability.
128E Decision that action should be taken
(1) If the Commissioner makes a relevant
decision in a systemic initiated investigation,
the Commissioner must decide if any action
should be taken by the service provider,
who was given notice under section 128C
and investigated by the Commissioner, to
improve services or prevent neglect or abuse.
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(2) If the Commissioner makes a relevant
decision in an individual initiated
investigation, the Commissioner must
decide if any action should be taken by
the service provider to improve services
or prevent neglect or abuse.
(3) The Commissioner must not make a relevant
decision or determine that action should be
taken under subsection (1) or (2) in a way
which conflicts with the provisions of any
Act or subordinate instrument or any rule of
law or practice.
(4) The Commissioner, in making a relevant
decision or in determining that action should
be taken under subsection (1) or (2), must
have regard to the impact on any service
provider who may be affected and any other
person accessing the services of that service
provider.
(5) In this section—
relevant decision means a decision of the
Commissioner under section 128D
that—
(a) a persistent or recurring systemic
issue about abuse or neglect in the
provision of the services exists; or
(b) abuse or neglect has occurred in
the provision of the service to the
person with a disability.
128F Notice of decision of initiated investigation
(1) Within 14 days after making a decision
on a systemic initiated investigation the
Commissioner—
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(a) must give written notice of the decision
to any service provider investigated by
the investigation; and
(b) may give written notice of the decision
to any person with a disability who was
the subject of the investigation or, if the
person does not have legal capacity, the
guardian of the person, or, if none, the
next of kin of the person.
(2) At least 14 days before giving a notice under
subsection (1)(b), if the notice makes adverse
comment on or gives an adverse opinion of
an individual or a service provider, the
Commissioner must—
(a) give a copy of the relevant part of the
notice to the individual or service
provider; and
(b) give the individual or service provider a
reasonable opportunity to comment on
the proposal to give the notice.
(3) Within 14 days after making a decision
on an individual initiated investigation the
Commissioner must give written notice of
the decision to—
(a) any service provider investigated by the
investigation; and
(b) the person with a disability who was
the subject of the investigation or, if the
person does not have legal capacity, the
guardian of the person, or, if there is no
guardian, the next of kin of the person;
and
(c) any person who is alleged to have
abused or neglected the person with a
disability.
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(4) A notice under this section—
(a) must be in writing; and
(b) must set out reasons for the decision.
128G Notice to take action
If the Commissioner, under section 128E,
has determined that a service provider should
take action, the notice under section 128F
must—
(a) specify the action that the
Commissioner has determined the
service provider should take; and
(b) include a statement setting out the
powers of the Commissioner to conduct
an investigation under Division 6C into
the action, if any, that the service
provider takes.
Division 6B—Referral investigations
Subdivision 1—Preliminary
128H Definition
In this Division—
Commissioner means the Disability Services
Commissioner.
Subdivision 2—Referral investigations
128I Referral investigations
(1) The Commissioner may conduct an
investigation into a matter referred to the
Commissioner under subsection (2).
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(2) The Minister or the Secretary, in writing,
may refer to the Commissioner for
investigation any matter relating to—
(a) the provision of disability services
or regulated disability services; or
(b) complaints about disability services
or regulated disability services; or
(c) abuse or neglect in the provision
of disability services or regulated
disability services.
(3) The Minister or Secretary may refer a matter
under subsection (2) for the purpose of—
(a) improving the services to be
investigated; or
(b) understanding issues in the services
being investigated in order to develop
improvements in response to those
issues.
(4) In a referral of a matter under subsection (2),
the Minister or Secretary may ask the
Commissioner, when conducting the
investigation, to consider any action that
the service provider should take to improve
the services provided by the service provider.
(5) To avoid doubt, the Minister or Secretary
may refer a matter under subsection (2) that
relates to—
(a) a provision of services to one person
only; or
(b) a provision of services to a person who
dies before the referral takes place; or
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(c) general issues about the provision
of disability services or regulated
disability services or about a specific
group of persons with a disability.
(6) The Commissioner must not conduct an
investigation under subsection (1) into a
provision of services by an exempt service
provider.
128J Publication of referral investigations
(1) The Commissioner must publish details of
any referral investigation on the Internet site
of the Commissioner, within 14 days after
receiving the referral.
(2) In publishing details under subsection (1),
the Minister or Secretary may require the
Commissioner not to publish identifying
details of any person.
128K Notice of referral investigation
(1) If the Commissioner decides to conduct
a referral investigation to which section
128I(4) applies, within 14 days after that
decision, the Commissioner must give notice
of the investigation to each service provider
being investigated.
(2) If the Commissioner decides to conduct a
referral investigation in which a power
under Subdivision 3 or 4 of Division 8 will
be exercised, the Commissioner must give
notice of the investigation to each service
provider being investigated—
(a) before the exercise of the power or
when starting to exercise the power; or
(b) within 14 days after the decision to
conduct the investigation, if the power
is not exercised before then.
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(3) The Commissioner is not required to comply
with this section if the Commissioner
considers that—
(a) if the notice is given to a service
provider, the health, safety or welfare
of a person to whom the service
provider is providing services may be
affected; or
(b) the proper investigation of the matter
would be prejudiced.
(4) If subsection (3) applies, the Commissioner
must give written notice to the service
provider without delay after the
Commissioner is satisfied that—
(a) the risk is at an end; or
(b) there is no further likelihood of
prejudice to the proper investigation
of the matter—
but in any case not later than 6 months
after the investigation is completed or, if the
investigation ends before that time, before
the end of the investigation.
128L Decision of Commissioner on referral
investigation
On completing a referral investigation the
Commissioner may make recommendations
and give advice to the Minister or the
Secretary on the improvements that may
be made to the services investigated.
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128M Decision that action should be taken
(1) If the Commissioner has conducted a referral
investigation to which section 128I(4)
applies, the Commissioner may decide that
any service provider so investigated should
take action to improve the services
investigated.
(2) The Commissioner must not make a decision
under subsection (1) in a way which conflicts
with the provisions of any Act or subordinate
instrument or any rule of law or practice.
(3) The Commissioner, in making a decision
under subsection (1), must have regard to the
impact on any service provider who may be
affected and any other person accessing the
services of that service provider.
128N Notice to take action
(1) Within 14 days after making a decision
under section 128M on a referral
investigation that a service provider should
take action, the Commissioner must give
notice of the decision to the service provider.
(2) A notice under this section must be in
writing and must—
(a) specify any action that the
Commissioner has decided that the
service provider should take under
section 128M; and
(b) include the reasons for the decision;
and
(c) include a statement setting out the
powers of the Commissioner to conduct
an investigation under Division 6C into
the action, if any, that the service
provider takes.
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Division 6C—Following up on
investigations
Subdivision 1—Preliminary
128O Definition
In this Division—
Commissioner means the Disability Services
Commissioner.
Subdivision 2—Reporting on
action taken
128P Service provider to report on action taken
(1) A service provider, who has been given
notice to take action, must report in writing
to the Commissioner about the action the
service provider has taken to comply with
the notice.
Penalty: 60 penalty units.
(2) A report under subsection (1) must be given
within—
(a) 45 days of receiving the notice; or
(b) before the end of any extension of time
given under subsection (4).
(3) A service provider may apply to the
Commissioner to extend the period of time
within which the report must be given.
(4) On application under subsection (3), the
Commissioner may extend the period of time
within which the report must be given by no
more than 15 days, if the application is made
before the expiry of the time within which
the report must be given.
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128Q Notice requiring service provider to
report
(1) Whether or not a service provider reports to
the Commissioner as required by section
128P, the Commissioner may give notice in
writing to the service provider requiring the
service provider to report in writing about
any action the service provider has taken to
comply with a notice to take action.
(2) A notice under subsection (1)—
(a) may require the service provider to
produce any information required by
the Commissioner, whether or not in
addition to any information already
reported to the Commissioner; and
(b) may specify the time within which
the information must be given to the
Commissioner; and
(c) must not be given unless the time
specified in section 128P(2) has
expired; and
(d) must include a statement setting out
that the Commissioner may conduct an
investigation under Subdivision 3 into
the action, if any, the service provider
has taken.
(3) The Commissioner may continue to give
notices under subsection (1) until the
Commissioner is satisfied that the notice
to take action has been complied with.
(4) A service provider to whom a notice under
this section has been given must comply
with the notice, within the period specified
in the notice.
Penalty: 60 penalty units.
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Subdivision 3—Follow up investigations
128R Follow up investigations
(1) If the Commissioner has issued a notice
under section 128Q and the time specified
in the notice under section 128Q(2)(b) has
passed, the Commissioner, may conduct an
investigation into what action the service
provider has taken on a complaint, including
action the service provider has taken in
response to the notice to take action.
(2) The Commissioner must not conduct an
investigation under subsection (1) about a
provision of services by an exempt service
provider.
128S Notice of follow up investigation
(1) Within 14 days after deciding to conduct a
follow up investigation, the Commissioner
must give notice of the investigation to the
service provider.
(2) The Commissioner is not required to comply
with subsection (1) if the Commissioner
considers that—
(a) if the notice is given to the service
provider, the health, safety or welfare
of a person to whom the service
provider is providing services may
be affected; or
(b) the proper investigation of the matter
would be prejudiced.
(3) If subsection (2) applies, the Commissioner
must give written notice to the service
provider without delay after the
Commissioner is satisfied that—
(a) the risk is at an end; or
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(b) there is no further likelihood of
prejudice to the proper investigation
of the matter—
but in any case not later than 6 months
after the investigation is completed or, if the
investigation ends before that time, before
the end of the investigation.
128T Decision of Commissioner on follow up
investigation
(1) On completing a follow up investigation, the
Commissioner must decide whether or not
the service provider has taken the action set
out in the notice to take action.
(2) The Commissioner must not make a decision
under subsection (1) in a way which conflicts
with the provisions of any Act or subordinate
instrument or any rule of law or practice.
(3) The Commissioner, in making a decision
under subsection (1), must have regard to the
impact on any service provider who may be
affected and any other person accessing the
services of that service provider.
128U Notice of decision on follow up
investigation
(1) Within 14 days after making a decision on a
follow up investigation the Commissioner
must give written notice of the decision to
the service provider.
(2) A notice under this section must be in
writing and must—
(a) specify whether or not the notice to
take action has been complied with; and
(b) specify the reasons for the decision.".
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29 New Divisions inserted after Division 7 of Part 6
After Division 7 of Part 6 of the Principal Act
insert—
"Division 8—Conduct of investigations,
investigatory powers and
related matters
Subdivision 1—Preliminary
132A Definitions
In this Division—
Commissioner means the Disability Services
Commissioner;
investigation hearing notice means a notice
served under section 132P, including a
notice varied under section 132R.
Subdivision 2—Authorised officers
132B Appointment of authorised officers
(1) The Commissioner, by instrument,
may appoint any person who is employed
under Part 3 of the Public Administration
Act 2004, in the administration of this Act,
to be an authorised officer.
(2) Before appointing a person under subsection
(1), the Commissioner must be satisfied that
the person is—
(a) appropriately qualified; and
(b) has successfully completed appropriate
training.
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132C Identification of authorised officers
(1) The Commissioner must issue an
identification document to each authorised
officer.
(2) The identification document must contain—
(a) a photograph of the authorised officer;
and
(b) the signature of the authorised officer
and the Commissioner; and
(c) any other information the
Commissioner considers necessary.
Subdivision 3—Inspection and
search powers
132D Production of identification
(1) An authorised officer must produce the
authorised officer's identification document
for inspection—
(a) before exercising a power under this
Division; and
(b) at any time during the exercise of a
power under this Division, if asked to
do so.
Penalty: 10 penalty units.
(2) Subsection (1) does not apply to a
requirement made by post.
132E Visit and inspection of premises
(1) For the purpose of the conduct of an
accountability investigation, an authorised
officer may visit and inspect any part of any
premises on which a service provider who is
being investigated provides a service that is
being investigated.
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(2) An authorised officer may visit and inspect
premises under subsection (1) with any
assistance the authorised officer reasonably
requires.
(3) Before exercising a power under this section,
the authorised officer must—
(a) produce the authorised officer's
identification document for inspection
by the person apparently in charge of
the premises; and
(b) explain the purpose of the inspection to
the person apparently in charge of the
premises.
(4) A power under subsection (1) must not be
exercised—
(a) for a premises that is not a residential
service, on the premises or any part of
premises that is used for residential
purposes; or
(b) for a premises that is a residential
service, on any part of the premises that
is solely occupied by a resident unless
the resident consents, or, if the resident
is unable to consent the guardian of the
resident or, if none, the next of kin of
the resident, consents.
(5) For the purposes of subsection (4)(b), if a
room is occupied by more than one person,
consent must be obtained for all occupants.
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132F Powers during visit and inspection
(1) An authorised officer who visits and inspects
a premises under section 132E may—
(a) make any enquiries in relation to
a person with a disability who is
receiving services on the premises
from the service provider; and
(b) require any thing on the premises to be
produced for inspection and inspect that
thing or any other thing on the premises
to determine if the thing is relevant to
the investigation; and
(c) in the case of any document, or
document of a particular kind, relevant
to the investigation—
(i) require the document to be
produced for inspection; and
(ii) examine, make copies of or take
extracts from the document; and
(iii) remove the document for so long
as is necessary for the making of
copies or the taking of extracts;
and
(d) make any still or moving image, audio
recording or audio-visual recording
relevant to the investigation; and
(e) bring any equipment onto the premises
that the authorised officer believes on
reasonable grounds is necessary for the
examination or processing of any
documents found at the premises to
determine if they are relevant to the
investigation; and
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(f) if it is relevant to the investigation, see
and interview—
(i) any person with a disability who
is on the premises; and
(ii) any relative of the person with a
disability who is on the premises;
and
(iii) any other person of significance to
the person with a disability who is
on the premises; and
(g) if it is relevant to the investigation,
require any of the following persons to
answer any question—
(i) the service provider;
(ii) any person on the premises who is
employed or engaged in providing
the service;
(iii) any person on the premises who is
a volunteer involved in providing
the service.
(2) An authorised officer must not exercise a
power under subsection (1)(c) in relation to
the medical records of a person with a
disability unless the authorised officer has
first obtained the consent of the person with
the disability, or, if the person is unable to
consent, the consent of the guardian or, if
none, the next of kin of the person.
132G Provisions relating to interviews
(1) An authorised officer must not—
(a) exercise a power to interview a
person with a disability under section
132F(1)(f)(i) unless the authorised
officer has first obtained the consent of
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the person with a disability, or, if the
person is unable to consent, the consent
of the guardian, or, if none, the next of
kin of the person; or
(b) exercise a power to interview a person
under section 132F(1)(f)(ii) or (iii),
unless the authorised officer has first
obtained the consent of that person.
(2) If an authorised officer interviews a person
with a disability under section 132F(1)(f)(i),
the authorised officer must—
(a) take all reasonable steps to mitigate any
negative effect of the interview on the
person; and
(b) allow the person's guardian or next of
kin to be present.
(3) Before interviewing a person under
section 132F(1)(f) or (g) the authorised
officer must inform the person of the effect
of sections 132X and 132Y.
132H Search warrants
(1) The Commissioner may apply to a
magistrate for the issue of a search warrant
for particular premises, if the Commissioner
believes on reasonable grounds that there is
on the premises evidence that is relevant to
an accountability investigation.
(2) If the magistrate is satisfied, by evidence on
oath or affirmation or by affidavit, that there
are reasonable grounds to believe that there
is evidence relevant to an accountability
investigation on the premises, the magistrate
may issue a search warrant in accordance
with the Magistrates' Court Act 1989
authorising the Commissioner or an
authorised officer to enter the premises
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and search for the evidence named or
described in the warrant.
(3) In addition to anything the person executing
the warrant may do under section 78 of the
Magistrates' Court Act 1989, under the
warrant the magistrate may authorise the
person to do any of the following—
(a) require a document named or
described in the warrant to be
produced for inspection;
(b) examine, make copies of or take
extracts from a document named or
described in the warrant;
(c) remove a document named or
described in the warrant for so long
as is necessary to make copies of or
take extracts from the document;
(d) bring any equipment onto the
premises that the person executing the
warrant believes on reasonable grounds
is necessary for the examination or
processing of any document found at
the premises to determine if it is named
or described in the warrant.
(4) A warrant issued under this section must
state—
(a) the purpose for which the search
is required and the nature of the
accountability investigation; and
(b) any conditions to which the warrant is
subject; and
(c) whether entry is authorised to be made
at any time of the day or night or during
specified hours of the day or night; and
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(d) a day, not later than 20 business days
after the issue of the warrant, on which
the warrant ceases to have effect.
(5) Except as provided by this Act, the rules to
be observed with respect to search warrants
under the Magistrates' Court Act 1989
apply to warrants issued under this section.
(6) Despite subsection (5) and section
78(1)(b)(iii) of the Magistrates' Court
Act 1989, a warrant issued under this section
must not authorise the person executing the
warrant to arrest a person.
132I Obligations of person executing a warrant
on entry
(1) A person who executes a warrant issued
under section 132H—
(a) must announce that the person is
authorised by the warrant to enter the
premises; and
(b) if the person has been unable to obtain
unforced entry, must give any person at
the premises an opportunity to allow
entry to the premises.
(2) If the occupier is present at the premises
where a warrant issued under section 132H
is being executed, the person executing the
warrant must—
(a) identify themself to the occupier; and
(b) give the occupier a copy of the warrant.
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(3) If the occupier is not present at the premises
where a warrant issued under section 132H
is being executed, the person executing the
warrant must—
(a) identify themself to the person
apparently in charge of the premises;
and
(b) give the person a copy of the warrant.
132J Offence to hinder or obstruct person
exercising a power under this Subdivision
A person must not, without reasonable
excuse, hinder or obstruct a person who is
exercising a power under this Subdivision or
under a warrant issued under this
Subdivision.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
300 penalty units.
132K Requirement to give assistance
If it is reasonably necessary for the
purposes of an accountability investigation,
an authorised officer, exercising a power to
visit a premises under this Subdivision or
to enter a premises under a warrant under
section 132H, who produces the authorised
officer's identification document for
inspection by the occupier of the premises
or the person apparently in charge of the
premises may require that person to give
reasonable assistance to the authorised
officer.
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Subdivision 4—Conduct of
investigations
132L Principles applying to all investigations
(1) In an accountability investigation, the
Commissioner may carry out any inquiries
into the subject matter of the investigation
that the Commissioner believes are
necessary.
(2) In an accountability investigation—
(a) the procedure is at the discretion of
the Commissioner; and
(b) the Commissioner must act with as
much expedition and with as little
formality as the requirements of this
Act and the proper investigation of the
matter allow; and
(c) the Commissioner is not bound by the
rules of evidence; and
(d) the Commissioner is bound by the rules
of natural justice; and
(e) before making a decision affecting a
person, the Commissioner must give
the person an opportunity to make
submissions to the Commissioner
about the decision.
132M Assistance to be provided
A person who is providing services
that are the subject of an accountability
investigation must ensure that the
Commissioner or an authorised officer is
provided with any assistance in connection
with the investigation that the Commissioner
or the authorised officer reasonably requires.
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132N Requirements if there is no hearing
In an accountability investigation if the
Commissioner decides not to conduct a
hearing, for the purpose of the investigation,
the Commissioner—
(a) may take oral or written submissions;
and
(b) may send for persons, documents or
other things; and
(c) must keep a record of all submissions
given before the Commissioner and
decisions made by the Commissioner.
132O Requirements if there is a hearing
(1) If the Commissioner decides to conduct a
hearing in an accountability investigation
into a complaint, the Commissioner must
give written notice of the hearing to the
parties to the complaint.
(2) If the Commissioner decides to conduct a
hearing in an accountability investigation
(other than for a complaint), the
Commissioner—
(a) must give written notice of the
hearing to the service provider being
investigated; and
(b) if the investigation is to consider
allegations of abuse or neglect of a
person with a disability, may give
written notice of the hearing to the
person alleged to have been abused
or neglected; and
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(c) if the investigation is to consider
allegations against any person, must
give written notice of the hearing to the
person about whom the allegation has
been made.
(3) A notice under subsection (1) or (2) must—
(a) be given at least 10 business days
before the date on which the hearing is
to commence; and
(b) specify the date on which the hearing is
to commence; and
(c) specify the place at which the hearing is
to be held.
132P Investigation hearing notice
(1) For the purpose of a hearing in an
accountability investigation, the
Commissioner may serve written notice
on a person requiring the person—
(a) to produce a specified document or
thing to the Commissioner before a
specified time and in a specified
manner; or
(b) to attend the hearing at a specified
time and place to produce any specified
document or thing; or
(c) to attend the hearing at a specified time
and place, and from then on from day
to day until excused, to give evidence;
or
(d) to attend the investigation at a
specified time and place, and from
then on from day to day until excused,
to give evidence and to produce any
specified document or thing.
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(2) On application under subsection (3),
if a person with a disability is unable to
attend the hearing, because of the person's
disability, health or other personal
circumstances, the Commissioner may
agree that the person may give evidence—
(a) by video link; or
(b) by attending at another place agreed on
by the Commissioner and the person.
(3) A person with a disability on whom a
notice to attend a hearing has been served
under subsection (1) may apply to the
Commissioner for an agreement under
subsection (2).
(4) The Commissioner must—
(a) take all reasonable steps to mitigate
any negative effect that the giving of
evidence might have on a person with a
disability; and
(b) allow the person's guardian or next of
kin to be present when the person with
a disability gives evidence.
(5) An investigation hearing notice—
(a) must be in the prescribed form (if any);
and
(b) must contain the following
information—
(i) a statement that failure to comply
with the notice without reasonable
excuse is an offence, and stating
the maximum penalty for that
offence;
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(ii) examples of what may constitute
a reasonable excuse for failing to
comply with the notice;
(iii) any other prescribed information.
132Q Offence to fail to comply with
investigation hearing notice
(1) A person who is served with an investigation
hearing notice must not, without reasonable
excuse, refuse or fail to comply with the
notice.
Penalty: In the case of a natural person,
120 penalty units or 12 months
imprisonment or both;
In the case of a body corporate,
600 penalty units.
(2) For the purpose of subsection (1), it is a
reasonable excuse if the person is acting
under an agreement under section 132P(2).
132R Variation or revocation of investigation
hearing notice
(1) A person on whom an investigation hearing
notice is served may make a claim at the
accountability investigation hearing—
(a) that the person has or will have a
reasonable excuse for failing to comply
with the notice; or
(b) that a document or thing specified in
the notice is not relevant to the subject
matter of the investigation hearing.
(2) If the Commissioner is satisfied that
the person's claim is made out, the
Commissioner, by further written notice
served on the person, may vary or revoke
the investigation hearing notice.
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(3) The Commissioner, by further written
notice served on a person, may, at any time
on the Commissioner's own initiative, vary
or revoke an investigation hearing notice
served on the person.
132S Power to take evidence on oath or
affirmation
(1) In an accountability investigation hearing
the Commissioner may require a person
attending the hearing, whether under an
investigation hearing notice or otherwise, to
give evidence or answer questions on oath or
affirmation.
(2) The Commissioner, or a member of the staff
of the Commissioner who is authorised to do
so, may administer an oath or affirmation to
a person for the purpose of subsection (1).
132T Powers in relation to documents and
things
(1) The Commissioner may—
(a) inspect any document or thing
produced at an accountability
investigation hearing; and
(b) retain the document or thing for so
long as is reasonably necessary for the
purposes of the investigation hearing to
which the document or thing is
relevant; and
(c) copy any document or thing produced
to the investigation hearing that is
relevant to the subject matter of the
hearing.
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(2) If the retention of a document or
thing under subsection (1) ceases to be
reasonably necessary for the purposes of
the accountability investigation hearing, the
Commissioner, at the request of any person
who appears to be entitled to the document
or thing, must cause the document or thing
to be delivered to the person.
Subdivision 5—Offences, protections
and other matters relating
to investigations
132U Compellability of Commissioner or
member of staff
A person who is or was the Commissioner or
a member of the staff of the Commissioner is
not compellable to give evidence in a court
in relation to an accountability investigation
unless the court gives leave.
132V Protection of participants in investigations
A person who gives information or
evidence or produces a document or thing to
an accountability investigation has the same
protection and immunity as a witness in a
proceeding in the Supreme Court.
132W Disclosures made in good faith
A disclosure of information made to the
Commissioner under or for the purposes of
this Part in good faith—
(a) does not for any purpose constitute
unprofessional conduct or a breach of
professional ethics on the part of the
person who made the disclosure; and
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(b) does not make the person who made
the disclosure subject to any liability in
respect of the disclosure.
132X Protection against self-incrimination
It is a reasonable excuse for a person to
refuse or fail to answer questions or do any
other thing that the person is required to do
by or under this Division, or by or under a
search warrant issued under this Division if
the giving of the information or the doing of
that other thing would tend to incriminate the
person.
132Y Legal professional privilege and client
legal privilege
It is a reasonable excuse for a person to
refuse or fail to answer questions or do any
other thing that the person is required to do
by or under this Division, or by or under a
search warrant issued under this Division if
the giving of the information or the doing of
that other thing would be a breach of legal
professional privilege or client legal
privilege.
132Z False statements
A person who makes an oral or written
statement in an accountability investigation
or to the Commissioner under or for the
purposes of this Part which the person knows
to be false or misleading in a material respect
is guilty of an offence and liable to a penalty
not exceeding 60 penalty units.
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132ZA Person not to be penalised for making a
complaint, providing information
(1) A person must not, by threat or intimidation,
persuade or attempt to persuade another
person—
(a) not to make a complaint to the
Commissioner or not to continue
discussion with or any proceeding
before the Commissioner; or
(b) not to provide information about
allegations of abuse or neglect to the
Commissioner; or
(c) not to provide any other information to
the Commissioner for the purposes of
this Part.
Penalty: 120 penalty units, in the case of a
natural person;
600 penalty units, in the case of a
body corporate.
(2) A person must not dismiss or refuse to
employ another person or subject another
person to any detriment, because the other
person—
(a) intends to make a complaint, or
has made a complaint, to the
Commissioner; or
(b) intends to take part in, is taking part in,
or has taken part in, discussions with or
proceedings before the Commissioner;
or
(c) intends to or provides information
about allegations of abuse or neglect
to the Commissioner; or
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(d) intends to or provides any other
information to the Commissioner for
the purposes of this Part.
Penalty: 120 penalty units, in the case of a
natural person;
600 penalty units, in the case of a
body corporate.
Subdivision 6—Disclosure
of information
132ZB Commissioner may give information to
other persons or bodies
The Commissioner may give information
acquired in the course of administering
Divisions 6, 6A, 6B, 6C or this Division, or
conducting an inquiry under section 16(c),
to any of the following persons if the
information is relevant to the performance
of a function by the Commissioner or that
person—
(a) the Minister;
(b) the Secretary;
(c) the Ombudsman;
(d) IBAC;
(e) the Commissioner for Privacy and
Data Protection;
(f) the Mental Health Complaints
Commissioner;
(g) the Health Complaints Commissioner;
(h) the Public Advocate;
(i) a community visitor;
(j) the Commission for Children and
Young People;
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(k) Victoria Police;
(l) the State Coroner;
(m) any person prescribed by the
regulations.
132ZC Offence to disclose or make a record of
information
(1) A prescribed person must not disclose or
make a record of any information gained by
that person in the performance of functions
or duties or the exercise of powers under
this Act, except as authorised under
subsection (2).
Penalty: 60 penalty units.
(2) For the purposes of subsection (1), a
prescribed person is authorised to disclose
or make a record of the information—
(a) if it is necessary to do so for the
purposes of, or in connection with, the
performance of a function or duty or
the exercise of a power under this Act;
or
(b) if the person or body to whom the
information relates gives written
consent to the disclosure or the making
of the record; or
(c) if the information or record is disclosed
to a court or tribunal in the course of
criminal proceedings or on the order of
the court or tribunal; or
(d) if the disclosure or the making of the
record is for the purposes of obtaining
legal advice; or
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(e) if the disclosure or the making of the
record is otherwise authorised by this
Act.
(3) Without limiting subsection (1), a prescribed
person must not disclose any information
given to the prescribed person under a
requirement under this Part (including
information contained in a document
required to be produced to the prescribed
person) except as authorised under
subsection (4).
Penalty: 60 penalty units.
(4) For the purposes of subsection (3), the
prescribed person is authorised to disclose
the information—
(a) if—
(i) the prescribed person has
advised the person from whom
the information was obtained of
the proposal to disclose the
information; and
(ii) the prescribed person has
given that person a reasonable
opportunity to consent to the
disclosure; and
(iii) the person from whom the
information was obtained has
consented to the proposal to
disclose that information; or
(b) if the information is disclosed to
another prescribed person for the
purpose of that person or the
Commissioner exercising powers
or performing functions under this
or any other Act.
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(5) In this section—
prescribed person means a person who is,
or has been—
(a) the Commissioner; or
(b) a delegate of the Commissioner;
or
(c) an employee in the office of the
Commissioner; or
(d) a consultant engaged by the
Commissioner.
Division 9—General issues applying
to investigations
132ZD Definition
In this Division—
Commissioner means the Disability Services
Commissioner.
132ZE Reporting on investigations
(1) As soon as possible after completing a
systemic initiated investigation, the
Commissioner must give the Minister and
the Secretary a report of the investigation.
(2) After completing an individual initiated
investigation, the Commissioner may give
the Minister or the Secretary a report of the
investigation.
(3) After completing a referral investigation,
the Commissioner must give the Minister
and the Secretary a report in writing of the
investigation.
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132ZF Adverse comment on or opinion of service
provider in report
If a report to the Minister or Secretary
under section 132ZE makes an adverse
comment on or gives an adverse opinion of
an individual or a service provider, at least
14 days before giving the report the
Commissioner must—
(a) give a copy of the relevant part of the
report to the individual or service
provider; and
(b) give the individual or service provider a
reasonable opportunity to comment on
the adverse comment or opinion.
132ZG Giving a report to Parliament
(1) Subject to subsection (2), the Commissioner
may give a copy of a report under section
132ZE(1) to the clerk of each House of the
Parliament—
(a) no less than 14 days after giving the
report to the Minister and Secretary
under section 132ZE; and
(b) if section 132ZF has been complied
with.
(2) The Commissioner must not give a copy
of a report to the clerk of each House of the
Parliament under subsection (1) if the report
identifies or names an individual, or contains
information which enables an individual to
be identified.
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(3) The clerk of each House of the Parliament
must cause the report to be laid before the
House on—
(a) the day on which it is received; or
(b) the next sitting day of the House.
(4) If the Commissioner proposes to give the
report to Parliament when neither House of
the Parliament is sitting, the Commissioner
must—
(a) give one business day's notice of the
Commissioner's intention to do so to
the clerk of each House of the
Parliament; and
(b) give the copy of the report to the clerk
of each House of the Parliament on the
day indicated in the notice; and
(c) cause the report to be published by the
Government Printer.
(5) The clerk of a House of the Parliament
must notify each member of the House of the
receipt of a notice under subsection (4)(a) as
soon as practicable after the clerk receives
the notice.
(6) On receiving a copy of the report under
subsection (4)(b), the clerk of the House of
the Parliament must—
(a) as soon as practicable after the report
is received, notify each member of the
House of the receipt of the report and
advise that the report is available on
request; and
(b) give a copy of the report to any member
of the House on request; and
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(c) cause the copy of the report to be laid
before the House on the next sitting day
of the House.
(7) A copy of a report that is given to the
clerk of a House of the Parliament under
subsection (1) or (4)(b) is taken to have been
published by order, or under the authority, of
that House.
132ZH Avoiding unnecessary duplication
The Commissioner may liaise with other
investigative authorities, official bodies and
statutory officers—
(a) to avoid unnecessary duplication of
inquiries or investigations; and
(b) to facilitate the coordination and
expedition of inquiries or investigations
that are to be separately conducted by
different authorities, bodies or
officers.".
30 Power to bring proceedings
In section 218(2) of the Principal Act,
for "Division 6" substitute "Division 6C
or Division 8".
31 Regulations
After section 221(1)(f) of the Principal Act
insert—
"(fa) prescribing persons or classes of person
who provide services to persons with a
disability for the purposes of the definition
of prescribed service provider;
(fb) prescribing disability service providers or
classes of disability service provider and
regulated service providers or classes of
regulated service provider as exempt service
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providers for the purposes of the definition
of exempt service provider;".
32 New Division inserted in Part 10
After Division 1 of Part 10 of the Principal Act
insert—
"Division 2—Transitional provisions—
Disability Amendment Act 2017
232 Definitions
In this Division—
commencement day means the day on which
the Disability Amendment Act 2017
commences;
old Act means the Disability Act 2006 as in
force before the commencement of the
Disability Amendment Act 2017.
233 Pre-existing complaints
The old Act continues to apply to a
complaint made before the commencement
day that was ongoing immediately before
the commencement day.
234 Information provisions
Sections 132ZB and 132ZC apply to
information, whether acquired before,
on or after the commencement day.".
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Part 3—Repeal of amending Act
33 Repeal of amending Act
This Act is repealed on 31 December 2018.
Note
The repeal of this Act does not affect the continuing operation of
amendments made by it (see section 15(1) of the Interpretation
of Legislation Act 1984).
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Endnotes
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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: 25 May 2017
Legislative Council: 8 June 2017
The long title for the Bill for this Act was "A Bill for an Act to amend the
Disability Act 2006 and for other purposes."
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