Version No. 003
Intellectually Disabled Persons' Services Regulations 1997
S.R. No. 106/1997
Version incorporating amendments as at 1 September 2005
table of provisions
RegulationPage
1
RegulationPage
1.Objective
2.Authorising provisions
3.Revocation
4.Definitions
5.Declaration of eligibility
6.Application for registration of a service
7.Trust account limit
8.Record of visits by community visitors
9.Election of Community Visitors Board
10.Fees for accommodation, care or services
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SCHEDULES
SCHEDULE 1—Regulations Revoked
SCHEDULE 2—Forms
Form 1—Declaration of Eligibility
Form 2—Application by an Association or Organisation for Registration as a Registered Service
Form 3—Application by a Council for Registration as a Registered Service
Form 4—Record of Visits by Community Visitors
SCHEDULE 3—Scale of Fees for Accommodation, Care or Services Rendered by the Department
SCHEDULE 4—Addresses of Certain Residential Programs Operated bythe Department
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 003
Intellectually Disabled Persons' Services Regulations 1997
S.R. No. 106/1997
Version incorporating amendments as at 1 September 2005
1
S.R. No. 106/1997
Intellectually Disabled Persons' Services Regulations 1997
1.Objective
The objective of these Regulations is to prescribe the matters that are necessary or expedient to be prescribed to give effect to the Intellectually Disabled Persons' Services Act 1986.
2.Authorising provisions
These Regulations are made under sections 23, 50G, 59, 61 and 78 of the Intellectually Disabled Persons' Services Act 1986.
3.Revocation
The regulations listed in Schedule 1 are revoked.
4.Definitions
In these Regulations—
S. 4 def. of "community residential unit" revokedby S.R. No. 107/2004 reg.5.
*****
"Council" has the same meaning as in section 3 of the Local Government Act 1989;
"Form" means form in Schedule 2;
"the Act" means the Intellectually Disabled Persons' Services Act 1986.
5.Declaration of eligibility
r. 5
For the purposes of section 8(5) and 8A(4) of the Act, a declaration of eligibility for services must be in Form 1.
6.Application for registration of a service
For the purposes of section 23 of the Act, an application for the registration of a service must—
(a)in the case of an association or organisation be in Form 2; or
(b)in the case of a Council be in Form 3.
7.Trust account limit
For the purposes of section 50G of the Act, the prescribed amount is $5000.
8.Record of visits by community visitors
For the purposes of section 59 of the Act, the record of visits by community visitors must be in Form 4.
9.Election of Community Visitors Board
(1)For the purposes of section 61(2)(b) of the Act, the election of community visitors to the Community Visitors Board must be held annually.
(2)The procedure for the election is to be determined by the Public Advocate.
Reg. 10 substitutedby S.R. No. 107/2004 reg.6.
10.Fees for accommodation, care or services
Reg. 10(1) substitutedby S.R. No. 105/2005 reg.4.
(1)An eligible person who is a resident in a residential institution operated by the Department, or a residential program operated by the Department at an address listed in Schedule 4, must pay the applicable fee set out in Table 1 of Schedule 3 for accommodation and care, and services rendered to them, at that residential institution or residential program.
Reg. 10(2) substitutedby S.R. No. 105/2005 reg.4.
(2)An eligible person who is a resident in a residential program operated by the Department, other than a residential program at an address listed in Schedule 4, must pay the applicable fee set out in Table 2 of Schedule 3 for accommodation at that residential program.
r. 10
(3)An eligible person must pay the applicable fee set out in Table 3 of Schedule 3 if that person, for respite purposes, resides overnight or for any intermittent period in accommodation that is a residential program operated by the Department.
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SCHEDULES
SCHEDULE 1
Sch. 1
Regulation 3
Regulations Revoked
Title of Regulation / S.R. No.Intellectually Disabled Persons' Services Regulations 1987 / 243/1987
Intellectually Disabled Persons' Services (Amendment) Regulations 1987 / 385/1987
Intellectually Disabled Persons' Services (Amendment) Regulations 1988 / 291/1988
Intellectually Disabled Persons' Services (Fees Amendment) Regulations 1989 / 5/1989
Intellectually Disabled Persons' Services (Fees Amendment No. 2) Regulations 1989 / 170/1989
Intellectually Disabled Persons' Services (Fees Amendment No. 3) Regulations 1989 / 365/1989
Developmental Delay Regulations 1990 / 3/1990
Intellectually Disabled Persons' Services (Prescription of Form) Regulations 1990 / 117/1990
Intellectually Disabled Persons' Services (Fees Amendment) Regulations 1990 / 282/1990
Intellectually Disabled Persons' Services (Fees Amendment No. 2) Regulations 1990 / 412/1990
Intellectually Disabled Persons' Services (Fees Amendment) Regulations 1991 / 139/1991
Intellectually Disabled Persons' Services (Fees) Regulations 1993 / 115/1993
Intellectually Disabled Persons' Services (Fees) (Amendment) Regulations 1994 / 32/1994
Intellectually Disabled Persons' Services (Amendment) Regulations 1994 / 50/1994
Intellectually Disabled Persons' Services (Fees) Regulations 1997 / 59/1997
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SCHEDULE 2
Sch. 2
Form 1
Regulation 5
Intellectually Disabled Persons' Services Act 1986
Declaration of Eligibility
I am satisfied that is intellectually disabled*/is developmentally
(Full name of person)
delayed* and I declare that the person is eligible for services under the Intellectually Disabled Persons' Services Act 1986.
Signed
Position
Date
(*delete whichever is inapplicable)
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Form 2
Sch. 2
Regulation 6(a)
Application by an Association or Organisation for Registration as a Registered Service
To the Secretary,
I,of
(Full name) (address)
being authorised by which provides services for
(insert name of association or organisation)
intellectually disabled persons apply for registration as a registered service under the Intellectually Disabled Persons' Services Act 1986.
(a)The services provided are as follows:
(b)The Directors or the members of the Committee of Management are—
(Name) (Address)
(c)I enclose a copy of the memorandum and articles of association or constitution of the association or organisation.
(d)I also enclose evidence that the association or organisation has been incorporated under the Associations Incorporation Act 1981 or the Corporations Law.
Signature of applicant:
Date
______
Form 3
Sch. 2
Regulation 6(b)
Application by a Council for Registration as a Registered Service
To the Secretary,
I, being the Chief Executive Officer of which
(Full name) (insert name and address of Council)
provides services for intellectually disabled persons apply on behalf of the Council for registration as a registered service under the Intellectually Disabled Persons' Services Act 1986.
The services provided by the Council for intellectually disabled persons are as follows:
Signature of Chief Executive Officer
Date:
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Form 4
Sch. 2
Regulation 8
Record of Visits by Community Visitors
Intellectually Disabled Persons' Services Act 1986
Intellectually Disabled Persons' Services Regulations 1997
REGISTER OF VISITS BY COMMUNITY VISITORS
RECORD FOR MONTH OF
Signature of person in charge
Name in full
Date signed
______
Sch. 3 substitutedby S.R. Nos 107/2004 reg.7, 105/2005 reg.5.
SCHEDULE 3
Sch. 3
Regulation 10
Scale of Fees for Accommodation, Care or Services Rendered by the Department
TABLE 1
Column 1 / Column 2Applicable to eligible persons residing in a residential institution or a residential program situated at an address listed in Schedule 4 / Fortnightly fee
Eligible person 21 years of age or over / $350.45
Eligible person under 21 years of age / $336.40
TABLE 2
Column 1 / Column 2Applicable to eligible persons residing in a residential program situated at an address other than an address listed in Schedule 4 / Fortnightly fee
Eligible person / $77.80
TABLE 3
Column 1 / Column 2Applicable to eligible persons who are accommodated for respite purposes in a residential program either overnight or for intermittent periods / Daily fee
Eligible person 21 years of age or over / $15.55
Eligible person 16 to 20 years of age who usually resides in the home of his or her parent or guardian /
$10.60
Eligible person 15 years of age or under who usually resides in the home of his or her parent or guardian /
$6.60
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Sch. 4 insertedby S.R. No. 107/2004 reg.7.
SCHEDULE 4
Sch. 4
Regulation 10(1)(b)
Addresses of Certain Residential Programs Operated bythe Department
Lot 302 Weeroona Terrace, Altona Meadows 3028
44 Orchard Road, Bayswater 3153
9 Wolseley Grove, Bell Post Hill 3215
27 Arnott Street, Box Hill 3128
29 Berry Street, Box Hill North 3129
29 Gisborne Street, Bulleen 3105
1 Greenfields Terrace, Bundoora 3083
2 Greenfields Terrace, Bundoora 3083
3 Greenfields Terrace, Bundoora 3083
4 Greenfields Terrace, Bundoora 3083
5 Greenfields Terrace, Bundoora 3083
6 Greenfields Terrace, Bundoora 3083
7 Greenfields Terrace, Bundoora 3083
8 Greenfields Terrace, Bundoora 3083
9 Greenfields Terrace, Bundoora 3083
1 Henderson Court, Bundoora 3083
2 Henderson Court, Bundoora 3083
3 Henderson Court, Bundoora 3083
4 Henderson Court, Bundoora 3083
5 Henderson Court, Bundoora 3083
6 Henderson Court, Bundoora 3083
7 Henderson Court, Bundoora 3083
1 Springfield Court, Bundoora 3083
2 Springfield Court, Bundoora 3083
3 Springfield Court, Bundoora 3083
4 Springfield Court, Bundoora 3083
5 Springfield Court, Bundoora 3083
6 Springfield Court, Bundoora 3083
7 Springfield Court, Bundoora 3083
8 Springfield Court, Bundoora 3083
8 Polaris Drive, Doncaster East 3109
113 Holden Street, Fitzroy 3065
43 Camelot Drive, Glen Waverley 3150
24 Chapel Street, Glen Waverley 3150
27 James Avenue, Highett 3190
30 Oakdene Grove, Laverton 3028
Sch. 4
1139 Dandenong Road, Malvern 3144
24 Tulloch Avenue, Melton 3337
79 Telopea Crescent, MillPark 3082
11–13Green Island Avenue, Mornington 3931
7 Western Way, Narre Warren 3805
13 Tivey Street, Reservoir 3073
29 Walpole Avenue, Rosebud 3939
73 Hamilton Street, Shepparton 3630
14 Ross Court, Sunbury 3429
22 Stanley Road, Vermont 3133
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ENDNOTES
Endnotes
1.General Information
The Intellectually Disabled Persons' Services Regulations 1997, S.R.No.106/1997 were made on 14 October 1997 by the Governor in Council under sections 23, 50G, 59, 61 and 78 of the Intellectually Disabled Persons' Services Act 1986, No.53/1986 and came into operation on 14October 1997.
The Intellectually Disabled Persons' Services Regulations 1997 will sunset 10years after the day of making on 14 October 2007 (see section 5 of the Subordinate Legislation Act 1994).
2.Table of Amendments
Endnotes
This Version incorporates amendments made to the Intellectually Disabled Persons' Services Regulations 1997 by statutory rules, subordinate instruments and Acts.
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Intellectually Disabled Persons' Services (Fees) Regulations 2004, S.R. No. 107/2004
Date of Making: / 24.8.04Date of Commencement: / 1.9.04: reg.3
Intellectually Disabled Persons' Services (Fees) Regulations 2005, S.R. No. 105/2005
Date of Making: / 30.8.05Date of Commencement: / 1.9.05: reg.3
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3.Explanatory Details
Endnotes
No entries at date of publication.
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