Disability Act 2006

Within 28 days after a person with a disability is admitted to a residential treatment facility under an order specified in section 152(2)(a), 152(2)(b) or 152(2)(f), the Authorised Program Officer must prepare a treatment plan.

A treatment plan must include provisions which—

specify the treatment that will be provided to the resident in the residential treatment facility during the period that the order under which the person is detained remains in force;

state the benefit to the person that the resident is expected to receive from the treatment;

specify any restrictive practices that are to be used;

specify the process and criteria applying in respect of the resident obtaining leave of absence from the residential treatment facility;

set out a proposed process for the transition from being a resident in a residential treatment facility to living in the community.

When preparing a treatment plan under subsection (1), the Authorised Program Officer must ensure that the treatment plan is consistent with the order under which the person with a disability is admitted to the residential treatment facility.

Within 2 days of the treatment plan being prepared, the Authorised Program Officer must—

give a copy of the treatment plan to the person with a disability; and

explain the treatment plan to the person with a disability in accordance with section 7; and

explain to the person with a disability that the person can seek a review of the treatment plan by VCAT under section 155 at any time if the person wants to do so; and

lodge a copy of the treatment plan with the Senior Practitioner for approval.

On receiving a treatment plan under subsection (3)(b), the Senior Practitioner—

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

the provisions required to be included in the treatment plan by subsection (2); and

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

may—

if satisfied that the treatment plan is acceptable, approve the treatment plan; or

direct the Authorised Program Officer to change the treatment plan; or

apply to VCAT for a review of the plan under section 155.

An Authorised Program Officer must provide a report on the implementation of a treatment plan to the Senior Practitioner at the intervals, not exceeding 6 months, specified by the Senior Practitioner.

Subject to subsection (6), a material change can not be made to a treatment plan unless the change is approved by the Senior Practitioner.

Unless subsection (7) applies, if a material change to a treatment plan relates to an increase in the level of supervision or restriction—

the Senior Practitioner cannot approve the change; and

the Authorised Program Officer must apply to VCAT for a variation of the treatment plan under section 155.

Despite subsection (6), if the Senior Practitioner considers that an increase in the level of supervision or restriction of a person with a disability is necessary because of an emergency, the Senior Practitioner—

may approve a material change to the treatment plan of the person with a disability relating to the increase in the level of supervision or restriction; and

must immediately apply to VCAT for a variation of the treatment plan under section 155.

The Senior Practitioner must, as soon as practicable before the change has effect, notify in writing the person who is subject to the treatment plan of the change to the treatment plan approved by the Senior Practitioner.