Disability Services Act 1991

In this part:

visitable place—

means accommodation provided to an entitled person for respite or long-term residential purposes; and

includes—

accommodation that is owned, rented or operated by a specialist disability service provider; and

accommodation at which a specialist disability service provider provides a specialist disability service; and

a residential care home that accommodates the entitled person.

However, a visitable place does not include the following accommodation provided to an entitled person:

a private home if the person receives a specialist disability service at the home only from a person who is not a specialist disability service provider;

a private home if the person lives in the home with at least 1 adult family member who does not receive a specialist disability service from a specialist disability service provider at the home;

accommodation if the only specialist disability service the person receives at the accommodation is a type of service declared by the Minister not to require visitation;

a residential care home if the person is 65 years old or older when they first receive a specialist disability service (whether at the facility or elsewhere).

A declaration for subsection (2) (c) is a disallowable instrument.

In this section:

family member, of a person, means—

a domestic partner of the person; or

a relative of the person; or

a child of a domestic partner or former domestic partner of the person; or

a parent of a child of the person.

Note A domestic partner need not be an adult (see Legislation Act, s 169).

relative, of a person—

means the person’s—

father, mother, grandfather, grandmother, stepfather, stepmother, father-in-law or mother-in-law; or

son, daughter, grandson, granddaughter, stepson, stepdaughter, son-in-law or daughter-in-law; or

brother, sister, half-brother, half-sister, stepbrother, stepsister, brother-in-law or sister-in-law; or

uncle, aunt, uncle-in-law or aunt-in-law; or

nephew, niece or cousin; and

if the person has or had a domestic partner (other than a spouse or civil union partner)—includes someone who would have been a relative mentioned in paragraph (a) if the person had been married to or in a civil union with the domestic partner; and

if the person is an Aboriginal or Torres Strait Islander person, includes the following people:

someone the person has responsibility for, or an interest in, in accordance with the traditions and customs of the person’s Aboriginal or Torres Strait Islander community;

someone who has responsibility for, or an interest in, the person in accordance with the traditions and customs of the person’s Aboriginal or Torres Strait Islander community.

residential care home means a residential care home under the Aged Care Act 2024 (Cwlth).