Declared Places (Mental Impairment) Act 2015

sections 1 and 2 — on the day on which this Act receives the Royal Assent;

the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.

that is a declared place under the CLMI Act section 60; and

that is controlled and managed by or on behalf of the Commission;

in relation to a resident who is not an adult, means a person who at law has parental responsibility, as defined in the Family Court Act 1997 section 68, for the resident; and

in relation to an adult resident, means a guardian as defined in the GAA Act section 3(1);

These are the paramount considerations in performing a function under this Act, in order of priority —

the protection and safety of the community;

the protection and safety of residents;

the best interests of residents who are not adults.

Residents are to be provided the best possible training, including development programmes that promote their physical, mental, social and vocational abilities.

Residents are to have access to appropriate care in relation to their physical, medical and dental health needs, including substance abuse problems and associated health conditions.

A person performing a function under this Act must have regard to the principles set out in subsections (1) to (3).

Programmes and services for residents are to be designed and administered so as to respect the rights of residents to be treated —

with dignity, courtesy and compassion; and

without discrimination or stigma; and

with equality of opportunity.

Programmes and services for residents are to be designed and administered so as to be sensitive and responsive to the diverse and individual circumstances and needs of residents taking into account their age, gender, spiritual beliefs, cultural or linguistic background, family and lifestyle choices.

Programmes and services for residents who are not adults are to be designed and administered giving high importance to the best interests of the residents.

Programmes and services for residents are to be based on empirical evidence and are to be designed and administered so as to —

reduce the risk of residents offending or re‑offending; and

assist residents to live, work and participate in the community and be as independent as possible; and

maximise quality of life for residents.

Programmes and services for Aboriginal or Torres Strait Islander residents are to be designed and administered so as to be appropriate to, and consistent with, their cultural beliefs, mores and practices taking into account the views of their families and communities.

Programmes and services for residents are to be designed and administered so as to assist residents to be trained, developed and cared for in a manner that is the least restrictive option in the circumstances taking into account the need for the protection and safety of residents and the community.

Programmes and services are to provide residents and their families, carers and advocates with opportunities for participating in the planning and provision of services received by residents.

A person performing a function under this Act must have regard to the objectives set out in subsections (1) to (7).

This Part is in addition to any law that confers rights on a person.

This Act does not affect a resident’s rights under any other law, except to the extent it does so expressly.

The CEO must ensure that each resident in a declared place is given an explanation of the resident’s rights under this Act, the Freedom of Information Act 1992 and any other written law that applies to the declared place.

The CEO must ensure that, if a resident has an enduring guardian or a guardian —

the enduring guardian or guardian is also given an explanation of the resident’s rights; and

if the resident is not an adult, the resident’s guardian is also given a written explanation of the resident’s rights.

The CEO must ensure that one adult who the CEO is aware has a close personal relationship with a resident is also given an explanation of the resident’s rights.

The CEO must ensure that an explanation is given in a manner which is likely to be understood by the resident or other person to whom it is given.

This section is subject to section 10.

A resident has the right to freedom of lawful communication.

A resident’s right to freedom of lawful communication includes the right to do any or all of these —

to communicate with other residents in the resident’s declared place to the extent it is reasonable;

to send and receive uncensored communications;

to receive at any time visits from, or otherwise have contact with, the resident’s advocate, enduring guardian, guardian or lawyer;

to receive at all reasonable times visits from, or otherwise have contact with, other people;

to have access to mail and telephone services for the purposes of paragraphs (c) and (d);

to have access at reasonable times to newspapers, radio and television.

The CEO may make an order —

prohibiting a resident from exercising a right under section 9 for a period specified in the order; or

limiting the extent to which a resident can exercise such a right for a period specified in the order.

The CEO cannot make an order under subsection (1) that affects the right of a resident to receive at any time visits from, or otherwise have contact with, the resident’s advocate, enduring guardian, guardian or lawyer.

The CEO cannot make an order under subsection (1) unless satisfied that —

it is in the best interests of the resident to do so; or

it is necessary to do so to protect other persons in the resident’s declared place or in the community; or

it is necessary to do so to ensure the proper operation, control, management, security or good order of the resident’s declared place.

The CEO may vary or cancel an order made under subsection (1).

An order under subsection (1) or (4) must be in writing.

The CEO must ensure —

that the records of a declared place relating to a resident include these —

any document created under this section in relation to the resident;

written reasons for a decision made under subsection (1) or (4) in relation to the resident;

that each of these people is given a copy of the records listed in paragraph (a)(i) and (ii) —

the resident;

the resident’s advocate, enduring guardian, guardian or lawyer;

one adult who the CEO is aware has a close personal relationship with the resident.

The CEO must ensure that —

an individual development plan is prepared for each resident in accordance with this Part; and

each resident is managed, and receives care, support and protection, as required under the resident’s individual development plan; and

any assessment of a resident that is conducted as required under the resident’s individual development plan is recorded in the resident’s file.

The purposes of a resident’s individual development plan are —

to promote the resident’s development, habilitation and rehabilitation through training and other programmes appropriate to the resident; and

to provide for the resident’s management, care, support and protection; and

if appropriate, to support the resident’s reintegration into the community.

The CEO must ensure that for the preparation of a resident’s individual development plan, the resident is assessed by 2 or more persons —

with the qualifications or experience appropriate, in the CEO’s opinion, to conduct the assessment; and

whose qualifications or experience are in different disciplines.

The CEO must ensure that any positive behaviour support component of a resident’s individual development plan is assessed by a qualified behavioural support specialist.

An individual development plan must be prepared having regard to any relevant policies and procedures about the management, care, support and protection of residents issued by the CEO for the purposes of this Act.

The CEO must ensure that for the preparation of a resident’s individual development plan, the following people are consulted —

the resident;

the resident’s advocate, enduring guardian or guardian;

a carer, or member of the resident’s family who, in the CEO’s opinion, is integral to the plan’s preparation and available to participate.

A resident’s individual development plan must take into account any current document by which another person has power to make decisions on behalf of the resident.

This section applies to the review of, and proposals to change, an individual development plan in the same way that it applies to the preparation of the plan.