Victorian Numbered Acts

DISABILITY AMENDMENT ACT 2017 (NO. 33 OF 2017) - SECT 4

    (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 ;

"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

              (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 .

    (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;".