Victorian Numbered Acts

DISABILITY AMENDMENT ACT 2012 (NO. 22 OF 2012) - SECT 72

    (1)     After section 167(1) of the Principal Act insert —

    "(1A)     A treatment plan must include provisions which—

        (a)     specify the treatment that will be provided to the person with an intellectual disability in the residential institution or residential treatment facility during the period that the security order remains in force;

        (b)     state the benefit to the person that the person with an intellectual disability is expected to receive from the treatment;

        (c)     specify any restrictive interventions that are to be used;

Note

Division 6 of this Part contains provisions in relation to the use of restrictive interventions in accordance with, and the inclusion of restrictive interventions in, a treatment plan.

        (d)     specify the process and criteria applying in respect of the person with an intellectual disability obtaining leave of absence from the residential institution or residential treatment facility;

        (e)     set out a proposed process for the transition from being a resident in a residential institution or residential treatment facility to living in the community.".

    (2)     After section 167(2)(a) of the Principal Act insert —

    "(ab)     explain to the person with an intellectual disability that the person can seek a review of the treatment plan by VCAT under section 169 at any time if the person wants to do so; and".

    (3)     In section 167(2)(b) of the Principal Act, after "Senior Practitioner" insert "for his or her approval".

    (4)     After section 167(2) of the Principal Act insert —

    "(2A)     On receiving a treatment plan under subsection (2)(b), the Senior Practitioner—

        (a)     must consider the acceptability of the treatment plan, having regard to—

              (i)     the provisions required to be included in a treatment plan by subsection (1A); and

              (ii)     any law, policy or practice that the Senior Practitioner considers is relevant; and

        (b)     may—

              (i)     if he or she is satisfied that the treatment plan is acceptable, approve the treatment plan; or

              (ii)     direct the Authorised Program Officer to change the treatment plan; or

              (iii)     apply to VCAT for a review of the plan under section 169.".