Disability Services Act 1993

In this Part, unless the contrary intention appears —

Carers Charter has the meaning given to that term in section 5 of the Carers Recognition Act 2004;

complaint means a complaint under Division 2;

Complaints Office means the Health and Disability Services Complaints Office continued by section 6(1) of the Health and Disability Services (Complaints) Act 1995;

declared place means a declared place as defined in the Declared Places Act section 3;

disability service has the meaning given by section 3 but does not include —

such a service where it is provided wholly or partly from funds provided by the Health Department; or

such a service where it is provided wholly from funds paid to the service provider by the Commonwealth of Australia; or

such a service where it is provided by a carer; or

such a service where it is prescribed by regulation;

Health Department has the meaning given to Department by section 3 of the Health Legislation Administration Act 1984;

member of the staff has the meaning given to that term by section 3(1) of the Health and Disability Services (Complaints) Act 1995;

representative, in relation to a person with a disability, means the person’s representative recognised under section 32(2);

resident service means any of the following —

the operation, control, management and ensuring of the security and good order of a declared place;

any service related to a matter mentioned in paragraph (a);

providing for the care, protection and safety of residents;

providing programmes for, and other training of, residents;

any other service that the Declared Places Act requires to be provided to residents,

but does not include an advocacy service for a resident or a service prescribed by regulation;

respondent means a person about whom or which a complaint is made;

service provider, in relation to the provision of a resident service, means —

the Commission; or

a contractor or subcontractor as defined in the Declared Places Act section 3; or

any other person that renders or provides resident services,

but does not include a service prescribed by regulation.

[Section 30 amended: No. 44 of 1999 s. 15; No. 37 of 2004 s. 26; No. 57 of 2004 s. 24; No. 28 of 2006 s. 158; No. 33 of 2010 s. 34; No. 4 of 2015 s. 74.]