Community Visitors Legislation (Miscellaneous Amendments) Act 2001
i
Community Visitors Legislation (Miscellaneous
Amendments) Act 2001
Act No. 51/2001
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2—AMENDMENTS TO THE DISABILITY SERVICES
(AMENDMENT) ACT 2000 3
3. Amendment to definition of "region" 3
4. Amendment to section 6 3
12. Secrecy provision 3
PART 3—AMENDMENT TO THE GUARDIANSHIP AND
ADMINISTRATION ACT 1986 5
5. Insertion of new section 18A 5
18. Powers of inspection 5
PART 4—AMENDMENTS TO THE HEALTH SERVICES ACT
1988 8
6. Removal of requirement to reside within region 8
7. Amendment of secrecy provision 8
PART 5—AMENDMENTS TO THE INTELLECTUALLY
DISABLED PERSONS' SERVICES ACT 1986 10
8. Insertion of new definition of "region" 10
9. Insertion of new section 62A 10
62A. Secrecy provision 10
10. Removal of requirement to reside in region 11
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Section Page
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11. Insertion of new Part 7 11
PART 7—TRANSITIONAL 12
79. Transitional provision—Community Visitors
Legislation (Miscellaneous Amendments) Act 2001 12
PART 6—AMENDMENTS TO THE MENTAL HEALTH ACT 1986 13
12. Insertion of new definition of "region" 13
13. Secrecy provision for community visitors 13
14. Insertion of new section 117AA 14
117AA. Transitional provision—Community Visitors
Legislation (Miscellaneous Amendments) Act 2001 14
15. Removal of requirement to reside within region 14
═══════════════
ENDNOTES 15
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1
Community Visitors Legislation
(Miscellaneous Amendments) Act 2001†
[Assented to 25 September 2001]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purpose
The purpose of this Act is to make miscellaneous
amendments to the Disability Services
(Amendment) Act 2000, the Guardianship and
Administration Act 1986, the Health Services
Act 1988, the Intellectually Disabled Persons'
Services Act 1986 and the Mental Health Act
1986.
Victoria
No. 51 of 2001
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2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 February 2002, it comes into
operation on that day.
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PART 2—AMENDMENTS TO THE DISABILITY SERVICES
(AMENDMENT) ACT 2000
3. Amendment to definition of "region"
In section 5 of the Disability Services
(Amendment) Act 2000 in the proposed
definition of "region", for "Intellectually
Disabled Persons' Services Act 1986"
substitute "Health Services Act 1988".
4. Amendment to section 6
In section 6 of the Disability Services
(Amendment) Act 2000, after the proposed
section 11 insert—
"12. Secrecy provision
(1) Unless sub-section (2) applies, a person who
is or has been, at any time, a community
visitor must not, either directly or
indirectly—
(a) make a record of; or
(b) divulge or communicate to any person;
or
(c) make use of—
any information, that is or was acquired by
the person because the person is or was
appointed as a community visitor, for any
purpose, except to the extent necessary for
the person—
(d) to perform any official duties; or
(e) to perform or exercise any function or
power under this Act.
Penalty: 50 penalty units.
See:
Act No.
19/2000.
Statute Book:
www.dms.
dpc.vic.
gov.au
s. 3
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(2) Sub-section (1) does not prevent a person
from—
(a) producing a document to a court in the
course of criminal proceedings or in the
course of any proceedings under this
Act; or
(b) divulging or communicating to a court,
in the course of any proceedings
referred to in paragraph (a), any matter
or thing coming under the notice of the
person in the performance of official
duties or in the performance of a
function or in the exercise of a power
referred to in sub-section (1); or
(c) producing a document or divulging or
communicating information that is
required or permitted by any Act to be
produced, divulged or communicated,
as the case may be, if, where the
document or information relates to the
personal affairs of another person, that
other person has given consent in
writing.".
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PART 3—AMENDMENT TO THE GUARDIANSHIP AND
ADMINISTRATION ACT 1986
5. Insertion of new section 18A
After section 18 of the Guardianship and
Administration Act 1986 insert—
'18A. Powers of inspection
(1) The Public Advocate is entitled to enter any
premises on which an institution is situated
and—
(a) inspect those premises; and
(b) see any person who is a resident of
those premises or who is receiving any
service from the institution; and
(c) make enquiries relating to the
admission, care, detention, treatment or
control of any such person; and
(d) inspect any document relating to any
such person or any record required to
be kept under this Act, the Disability
Services Act 1991, the Health
Services Act 1988, the Intellectually
Disabled Persons' Services Act 1986,
or the Mental Health Act 1986.
(2) Sub-section (1)(d) does not authorise the
Public Advocate to inspect—
(a) a person's medical records unless that
person consents; or
(b) personnel records unless the person to
whom they relate consents.
(3) The person in charge and the members of
staff or management of the institution must
provide the Public Advocate with any
See:
Act No.
58/1986.
Reprint No. 5
as at
1 January
2000
and
amending
Act No
78/2000.
LawToday:
www.dms.
dpc.vic.
gov.au
s. 5
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reasonable assistance that the Public
Advocate requires to perform or exercise any
power, duty or function under this section
effectively.
(4) A person in charge or a member of the staff
or management of an institution must not—
(a) unreasonably refuse or neglect to give
assistance when required to do so under
sub-section (3); or
(b) refuse or fail to give full and true
answers to the best of that person's
knowledge to any questions asked by
the Public Advocate in the performance
or exercise of any power, duty or
function under this section; or
(c) assault, obstruct or threaten the Public
Advocate in the performance or
exercise of any power, duty or function
under this section.
Penalty: 25 penalty units.
(5) In this section "institution" means any of
the following—
(a) a residential service provider within the
meaning of the Disability Services Act
1991;
(b) a designated public hospital or
supported residential service within the
meaning of the Health Services Act
1988;
(c) a residential institution, residential
program, contracted service provider or
registered service within the meaning
of the Intellectually Disabled Persons'
Services Act 1986;
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(d) a mental health service within the
meaning of Division 5 of Part 6 of the
Mental Health Act 1986.'.
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PART 4—AMENDMENTS TO THE HEALTH SERVICES ACT
1988
6. Removal of requirement to reside within region
In section 124(3) of the Health Services Act
1988—
(a) in paragraph (b), for "region; or" substitute
"region.";
(b) omit paragraph (c).
7. Amendment of secrecy provision
In section 126 of the Health Services Act 1988,
for sub-section (1) substitute—
"(1) Unless sub-section (2) applies, a person who
is or has been, at any time, a community
visitor must not, either directly or
indirectly—
(a) make a record of; or
(b) divulge or communicate to any person;
or
(c) make use of—
any information, that is or was acquired by
the person because the person is or was
appointed as a community visitor, for any
purpose, except to the extent necessary for
the person—
(d) to perform any official duties; or
See:
Act No.
49/1988.
Reprint No. 6
as at
1 July 2000
and
amending
Act Nos
39/2000,
73/2000 and
1/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
s. 6
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(e) to perform or exercise any function or
power under this Act.
Penalty: 50 penalty units.".
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PART 5—AMENDMENTS TO THE INTELLECTUALLY
DISABLED PERSONS' SERVICES ACT 1986
8. Insertion of new definition of "region"
In section 3(1) of the Intellectually Disabled
Persons' Services Act 1986, for the definition of
"region" substitute—
' "region" has the same meaning as in the Health
Services Act 1988;'.
9. Insertion of new section 62A
After section 62 of the Intellectually Disabled
Persons' Services Act 1986 insert—
"62A. Secrecy provision
(1) Unless sub-section (2) applies, a person who
is or has been, at any time, a community
visitor must not, either directly or
indirectly—
(a) make a record of; or
(b) divulge or communicate to any person;
or
(c) make use of—
any information, that is or was acquired by
the person because the person is or was
appointed as a community visitor, for any
purpose, except to the extent necessary for
the person—
(d) to perform any official duties; or
See:
Act No.
53/1986.
Reprint No. 4
as at
8 October
1998
and
amending
Act Nos
12/1999 and
19/2000.
LawToday:
www.dms.
dpc.vic.
gov.au
s. 8
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(e) to perform or exercise any function or
power under this Act.
Penalty: 50 penalty units.
(2) Sub-section (1) does not prevent a person
from—
(a) producing a document to a court in the
course of criminal proceedings or in the
course of any proceedings under this
Act; or
(b) divulging or communicating to a court,
in the course of any proceedings
referred to in paragraph (a), any matter
or thing coming under the notice of the
person in the performance of official
duties or in the performance of a
function or in the exercise of a power
referred to in sub-section (1); or
(c) producing a document or divulging or
communicating information that is
required or permitted by any Act to be
produced, divulged or communicated,
as the case may be, if, where the
document or information relates to the
personal affairs of another person, that
other person has given consent in
writing.".
10. Removal of requirement to reside in region
In clause 1(2) of Schedule 3 to the Intellectually
Disabled Persons' Services Act 1986—
(a) in paragraph (b), for "Department; or"
substitute "Department.";
(b) omit paragraph (c).
11. Insertion of new Part 7
s. 10
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After Part 6 of the Intellectually Disabled
Persons' Services Act 1986 insert—
'PART 7—TRANSITIONAL
79. Transitional provision—Community
Visitors Legislation (Miscellaneous
Amendments) Act 2001
The substitution of the definition of "region"
by section 8 of the Community Visitors
Legislation (Miscellaneous Amendments)
Act 2001 does not affect anything done
under this Act before the commencement of
that section for the purposes of a region.'.
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PART 6—AMENDMENTS TO THE MENTAL HEALTH ACT
1986
12. Insertion of new definition of "region"
In section 107 of the Mental Health Act 1986,
for the definition of "region" substitute—
' "region" has the same meaning as in the Health
Services Act 1988;'.
13. Secrecy provision for community visitors
In section 117 of the Mental Health Act 1986,
for sub-section (1) substitute—
"(1) Unless sub-section (2) applies, a person who
is or has been, at any time, a community
visitor must not, either directly or
indirectly—
(a) make a record of; or
(b) divulge or communicate to any person;
or
(c) make use of—
any information, that is or was acquired by
the person because the person is or was
appointed as a community visitor, for any
purpose, except to the extent necessary for
the person—
(d) to perform any official duties; or
(e) to perform or exercise any function or
power under this Act.
Penalty: 50 penalty units.".
See:
Act No.
59/1986.
Reprint No. 6
as at
1 June 2000
and
amending
Act Nos
67/1998 and
39/2000.
LawToday:
www.dms.
dpc.vic.
gov.au
s. 12
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14. Insertion of new section 117AA
After section 117 of the Mental Health Act 1986
insert—
'117AA. Transitional provision—Community
Visitors Legislation (Miscellaneous
Amendments) Act 2001
The substitution of the definition of "region"
by section 12 of the Community Visitors
Legislation (Miscellaneous Amendments)
Act 2001 does not affect anything done
under this Division before the
commencement of that section for the
purposes of a region.'.
15. Removal of requirement to reside within region
In clause 1(2) of Schedule 5 to the Mental Health
Act 1986—
(a) in paragraph (c), for "hospital; or" substitute
"hospital.";
(b) omit paragraph (d).
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ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 3 May 2001
Legislative Council: 18 September 2001
The long title for the Bill for this Act was "to make miscellaneous
amendments to the Disability Services (Amendment) Act 2000, the
Guardianship and Administration Act 1986, the Health Services Act
1988, the Intellectually Disabled Persons' Services Act 1986 and the
Mental Health Act 1986 and for other purposes."
Endnotes
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