National Disability Insurance Scheme Transition Amendment Act 2019
To further support transition to the NDIS in Victoria, the National Disability Insurance Scheme Transition Amendment Act 2019 makes important changes to the Disability Act 2006 and the Residential Tenancies Act 1997. This is to ensure that safeguards for people with a disability transitioning to the NDIS are strengthened and maintained, and to ensure the rights of people living in Specialist Disability Accommodation are protected. This Act can be viewed on the Legislation Victoria website.
Disability Act 2006
The Disability Act 2006 introduced major reforms aimed at improving services for people with a disability in Victoria. It replaced the Intellectually Disabled Persons’ Services Act 1986 and Disability Services Act 1991. The Disability Act 2006 commenced on 1 July 2007 and provides for:
- a stronger whole-of-government, whole-of-community response to the rights and needs of people with a disability, and
- a framework for the provision of high quality services and supports for people with a disability.
The Disability Act 2006 established the position of the Disability Services Commissioner (the Commissioner or DSC) who provides a free and accessible process to assist with resolving complaints. The Commissioner is independent of government, the Department of Health and Human Services and disability service providers, and reports through the Minister for Disability, Ageing and Carers to Parliament each year.
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 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 (s. 19 of the Disability Act 2006).
What sections of the Disability Act 2006 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.
- Part 6 Division 6A, 6B and 6C (sections 128A – 128U) sets out the process by which the Commissioner conducts investigations.
- Part 6 Division 8 (s 132A – 132ZH) outlines the powers given to the Commissioner in conducting investigations.
To learn more about the functions and the powers granted to the Commissioner through the Disability Act 2006, click here. To read the Disability Act 2006 in full, you can visit the Victorian Legislation and Parliamentary Documents website.
Privacy and Data Protection Act 2014
DSC is an organisation bound by the provisions of the Privacy and Data Protection Act 2014. DSC complies with this Act in its collection and handling of personal information. To read the Privacy and Data Protection Act 2014 in full, you can visit the Victorian Legislation and Parliamentary Documents website. You may also be interested in our Privacy Statement.
Charter of Human Rights and Responsibilities Act 2006
The Charter of Human Rights and Responsibilities Act 2006 sets out individuals’ civil and political rights and freedoms, and the responsibilities that go with them. DSC complies with the legislative requirements outlined in the charter, and gives consideration to human rights when dealing with enquiries and complaints. To read the Charter of Human Rights and Responsibilities Act 2006 in full, you can visit the Victorian Legislation and Parliamentary Documents website.