Content
Legislation
The Commissioner and the Disability Act 2006
-
Introduction
The Disability Act 2006 (the Act) introduced major reforms aimed at improving services for people with a disability in Victoria. The Act commenced on 1 July 2007 and established the position of the Disability Services Commissioner (the Commissioner) who provides a free and accessible process to assist with resolving complaints.
The Commissioner is independent of government, the Department of Human Services and disability service providers, and reports through the Minister for Community Services to Parliament each year.
A Commissioner is appointed by the Governor in Council and holds office for a term not exceeding 5 years and is eligible for re-appointment.
The full Act can be viewed at the Victorian Legislation and Parliamentary Documents website within the Victorian Statute Book.
-
What is the role of the Commissioner?
The Commissioner works with people with a disability to resolve complaints about disability services and works with disability service providers to improve outcomes for people with a disability.
The Commissioner assists the resolution of complaints in a variety of ways including informal discussions, conciliation processes, or under certain circumstances, formal investigation.
As well as his work directly focused on resolving individual complaints, the Commissioner has a range of other important functions, including conducting education, training and research to improve disability services complaints systems.
Section 16 of the Act sets out specific functions of the Commissioner which are to:
- investigate complaints relating to disability services
- review and identify causes of complaints and suggest ways of removing and minimising those causes
- provide advice or inquire into matters referred by the Minister or the Secretary
- conciliate where a complaint has been made in relation to a disability service provider
- take steps to publish and make available in an accessible manner details of complaints procedures
- maintain a record of all complaints received by the Disability Services Commissioner
- publish, at prescribed intervals, information about complaints
- consider ways of improving disability services complaints systems
- provide advice to the Disability Services Board
- refer issues to the Disability Services Board for advice
- develop programs for persons in the handling of complaints
- determine what action should be taken by a disability service provider where a complaint has been found to be justified
- subject to the approval of the Minister, initiate inquiries into matters referred by the Disability Services Board, and into broader issues concerning services for persons with a disability arising out of complaints received
- provide education and information about complaints relating to disability services
- provide training about the prevention and resolution of complaints relating to disability services
- conduct research into complaints relating to disability services and mechanisms for resolving complaints relating to disability services
- perform any other functions specified in the Act
-
What are the powers of the Commissioner?
Section 17 of the Act sets out powers the Commissioner may use in performing functions under the Act, including:
- consult with any persons or bodies which the Commissioner considers appropriate
- develop, and suggest ways of implementing, procedures for dealing with complaints relating to disability services and making existing procedures more effective
- provide advice to complainants of alternative means for dealing with complaints
- provide advice generally on any matter in respect of complaints
relating to disability services to:
- disability service providers
- complainants
- the Minister
- the Secretary
- encourage disability service providers to distribute, display or make available material and information produced by the Commissioner about the resolution of complaints relating to disability services
- seek information from disability service users and disability service providers about the working of the disability services complaints system
-
What's in the Commissioner's Annual Report?
The Commissioner’s annual report publishes information about the number and type of complaints and the outcome of the complaints dealt with in a financial year. The annual report is tabled in Parliament each year.
The Commissioner may name in an annual report a disability service provider who has unreasonably failed to take action to remedy a complaint.
Before naming a disability service provider in an annual report, the Commissioner will give that provider at least 14 days notice in writing that the Commissioner intends to name that provider, and give the provider an opportunity, within a specified period, to object to being named in the report.
-
What sections of the Act are relevant to the Commissioner?
Part 3 Division 3 (sections 14 to 19) sets out administrative arrangements in relation to the Commissioner.
Part 6 is concerned with rights and accountability in disability services broadly.
Part 6 Division 5 (sections 104 to 106) sets out requirements for complaints to disability service providers.
Part 6 Division 6 (sections 107 to 128) provides for an independent and accessible process for dealing with complaints to the Commissioner.
