Disability Act 2006

If the Secretary issues a statement that a person has an intellectual disability for the purposes of section 166, the Secretary must prepare a treatment plan in respect of that person.

A treatment plan must include provisions which—

specify the treatment that will be provided to the person with an intellectual disability in the residential treatment facility during the period that the security order remains in force;

state the benefit to the person that the person with an intellectual disability 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 person with an intellectual disability 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.

Within 2 days of the treatment plan being prepared, the Secretary must—

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

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

explain to the person with an intellectual disability that the person can seek a review of the treatment plan by VCAT under section 169 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 (2)(b), the Senior Practitioner—

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

the provisions required to be included in a treatment plan by subsection (1A); 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 169.

The 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.