Definitions for pt 6
39 Definitions for pt 6
In this part—chapter 5B approval means an approval given under the Guardianship and Administration Act 2000, chapter 5B.complaint means a complaint about a matter mentioned in section 41(2) made by or for a consumer at a visitable site.consumer means—
for a visitable site that is an authorised mental health service under the Mental Health Act 2016—any person who lives or receives services at the visitable site; or
for a visitable site that is the forensic disability service—any person who lives or receives services at the visitable site; or
for another visitable site—an adult, with impaired capacity for a personal matter or a financial matter or with an impairment, who lives or receives services at the visitable site.
forensic disability service means the forensic disability service under the Forensic Disability Act 2011.funded adult participant means an adult—
with impaired capacity for a personal matter or a financial matter, or with an impairment; and
who is a participant under the National Disability Insurance Scheme Act 2013 (Cwlth) and has a participant’s plan.
impairment means a cognitive, intellectual, neurological or psychiatric impairment.private dwelling house means premises at which an adult, with impaired capacity for a personal matter or a financial matter or with an impairment, lives if the premises are used, or used principally, as a separate residence for—
if a restrictive practice is being used at the premises in relation to the adult under a chapter 5B approval—the adult and 1 or more of the adult’s relations; or
if specialist positive behaviour support is being provided at the premises under the adult’s participant’s plan and the support involves the use of a restrictive practice—the adult and 1 or more of the adult’s relations; or
if specialist disability accommodation is being provided at the premises under the adult’s participant’s plan—the adult and 1 or more of the adult’s relations; or
if paragraphs (a), (b) and (c) do not apply—the adult and 1 or more of the adult’s relations, or the adult only.
relation, of an adult, means—
a person who is related to the adult by blood, spousal relationship, adoption or a foster relationship; or
if the adult is an Aboriginal person—a person who, under Aboriginal tradition, is regarded as a relative of the adult; or
if the adult is a Torres Strait Islander—a person who, under Island custom, is regarded as a relative of the adult.
relevant class of supports means any of the following classes of supports under the National Disability Insurance Scheme Act 2013 (Cwlth)—
high intensity daily personal activities;
assistance with daily life tasks in a group or shared living arrangement;
specialist positive behaviour support that involves the use of a restrictive practice;
specialist disability accommodation.
specialist disability accommodation means SDA within the meaning of the national disability insurance scheme rules made for the National Disability Insurance Scheme Act 2013 (Cwlth), section 35 about the funding of SDA.specialist positive behaviour support has the same meaning as in the National Disability Insurance Scheme Act 2013 (Cwlth).visitable site means—
an authorised mental health service under the Mental Health Act 2016 that provides inpatient services; or
the forensic disability service; or
premises, other than a private dwelling house, at which a funded adult participant lives and receives services or supports that—
are paid for wholly or partly from funding under the national disability insurance scheme; and
are provided under the adult’s participant’s plan; and
are provided by a registered NDIS provider that is registered under the National Disability Insurance Scheme Act 2013 (Cwlth), section 73E to provide a relevant class of supports; and
are within the relevant class of supports; or
a place, other than a private dwelling house, that is prescribed under a regulation.
visitable site document, for a visitable site, means—
a document relating to the visitable site, including the visitable site’s records, policies and procedures; or
a document relating to a consumer at the visitable site, including a document in the consumer’s personal or medical file, regardless of who owns the file.
This provision refers to the regulations (a regulation
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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