Disability Act 2006

If a person has been admitted to a residential treatment facility for a period of 5 or more years as at the day on which Part 3 of the Disability and Social Services Regulation Amendment Act 2023 comes into operation, the Secretary, within 12 months of that day, must assess the person's circumstances to determine whether the person continues to meet the criteria under section 152(1) (as amended by Part 3 of the Disability and Social Services Regulation Amendment Act 2023) for admission to the facility.

If the Secretary determines under subsection (1) that the person does not meet the relevant criteria, the Secretary may, if the person is subject to an order specified in section 152(2), allow the person to continue to reside at the residential treatment facility—

for a period of up to 6 months from the day of the determination; or

if the person is subject to a custodial supervision order made under section 26 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 requiring the person to be detained at the facility, until the order is varied.

If the Secretary allows the person to continue to reside at the residential treatment facility under subsection (2), the Secretary must notify the person, body or court who made the order requiring the person to reside at the facility of that matter.