Guidelines Community Residential Unit Notice Provisions

Guidelines—community residential unit notice provisions

1. Notice by a disability service provider

The notice provisions in the Disability Act 2006 have been specifically developed to recognise the fact that disability service providers, not the landlord, have the primary relationship with community residential unit (CRU) residents and that decisions about whether people need to move on are most commonly associated with disability support needs rather than tenancy matters.

Disability service providers must make decisions on how best to support all residents in their residential service and within each CRU. The disability service provider must assess the circumstances of a CRU resident who may, for example, be creating disruption for other residents, within the context of the overall capacity of the residential service to meet the needs of all residents.

Sometimes, this process will indicate that a resident can no longer be supported within a particular CRU. This decision will usually be reached after considerable discussion of the circumstances with the resident, the other residents and relevant people such as family members, advocates and so on.

Where all the parties agree that a move from the CRU is in the best interests of all concerned, the move may go ahead in the agreed timeframe. Where there is agreement to move, this should be clearly documented including by whom and on what basis any decision was made. A copy of this agreement should be provided to all relevant persons.

Sometimes, however, the parties do not agree with the decision, but the disability service provider must act in order to meet their duty of care to the resident or other residents in the CRU.

In this situation, the disability service provider will need to issue a formal notice of the intention to move the resident.

Rather than simply evicting a resident, the Act includes provision for the issuing of a Notice of temporary relocation that allows time for an appropriate review, assessment and planning aimed at satisfying the support and residency rights of all concerned. In this situation, the resident will be placed in an alternative residential service for a defined period while the review takes place.

A notice for temporary relocation should be signed by the appropriate level of residential service management. In the case of department-managed accommodation this is the Disability Accommodation Services Manager, or equivalent.

A notice of temporary relocation must be reported to the Secretary, the Department of Human Services and the Public Advocate within 24 hours of the notice being given. For department-managed accommodation, any notification to the Secretary of temporary relocation must be sent to the regional Disability Services Manager, or equivalent, and for community service organisations this must be sent to the Regional Manager Partnerships, or equivalent. The Disability Services Manager and the Regional Manager Partnership must ensure that a copy of the notice is provided to the legislation team, Disability Services Division.

If, after the period of temporary relocation, the situation cannot be resolved or the alternative arrangement has proven to be more suitable, the disability service provider may then issue a Notice to vacate. Disability service providers must not issue successive notices of temporary relocation.

A notice to vacate must be signed by the appropriate management level of residential service management. For department-managed accommodation, this is the Disability Services Manager.

A notice to vacate must be reported to the Secretary, the Department of Human Services and the Public Advocate within 24 hours of the notice being given for department-managed accommodation, any notifications to vacate to the Secretary must be sent to the Director, Quality & Sector Development, or equivalent, by the regional Disability Services Manager, or equivalent and for community service organisations, the Regional Manager Partnerships, or equivalent. The regional Disability Services Manager and the Regional Manager Partnerships must ensure that a copy of the notice is provided to the legislation team, Disability Services Division.

A notice to vacate may be appealed in the Victorian Civil and Administrative Tribunal (VCAT).

Any of the notices included in this section can be withdrawn at any time before the resident vacates the room. Withdrawal advice must be in writing.

Key messages

The inclusion of notice provisions in the Act provides:

•disability service providers the capacity to manage the delivery of quality support to all residents

•residents with the assurance that if a move appears to be the only alternative, the decision will be based on discussion and planning and will be appropriately documented.

It is critical that the circumstances leading to the issuing of notices are well documented. A summary listing of these events and actions taken should be maintained on the resident’s file to support the issue of notices.

The key points to document include:

•the support needs of the individual on entry to the CRU

•the support that can be provided within the CRU on entry

•any changes that occur in either of the above over time

•any action taken to address the changes

•any evidence, such as reviews or independent assessments.

It is good practice to maintain good information at key steps during each person’s residency in a CRU so that there is evidence of the circumstances that have led to the decision to issue a notice.

Refer to the Typical process and documentation trail diagram included in this kit for guidance on the recommended documentation for each of the key steps.

Notices associated with building changes, such as repairs or renovations, would not commonly require the same degree of documentation or review, assessment or planning.

If the works relate to the resident’s room only, a notice can only be given after the resident has been offered another room, if available, in the CRU and has refused to occupy that room.

The Act makes provision for a notice to be issued where ’no reason is to be specified’. It is good practice that reasons are given without exception and that the use of this notice provision is only in exceptional circumstances (such as a circumstance not already outlined in S76) and for the disability service provider to be able to justify the decision on appeal at VCAT.

It is important that the notices issued by disability service providers are consistent across the disability services residential services sector.

Disability Services has developed a range of pro-forma documents in relation to the notice provisions for use across the sector.

All disability services residential service providers must use the pro-forma documents.

Pro-forma documents provided

DP-1Notice of temporary relocation (Behaviour or support issues)

DP-2Notice of temporary relocation (Renovation and so on)

DP-3Re: Notice of temporary relocation (to the Secretary, Department of Human Services/Public Advocate)

DP-4Notice to vacate by a disability service provider (28-days notice)

DP-5Notice to vacate by a disability service provider (60-days notice)

DP-6Notice to vacate by a disability service provider (120-days notice)

DP-7Re: Notice to vacate (to the Secretary, Department of Human Services/Public Advocate)

DP-8Withdrawal of notice of temporary relocation/notice to vacate

DP-9Notification of withdrawal of notice (to the Secretary, Department of Human Services/Public Advocate)

2. Notice by a resident

A CRU resident may wish to leave the CRU for any reason (for example, their family is moving interstate and they wish to go with them). In this situation, the resident or their guardian or administrator may give the disability service provider a Notice of intention to vacate by resident (Section 80).

The minimum notice requirements under this section are that it must be given in writing and specify the date on which the resident intends to vacate their room.

The disability service provider must notify the Secretary, Department of Human Services (Section 80 (4)) within 24 hours of the notice being given. Any notifications to the Secretary for department-managed accommodation must be sent to the regional Disability Accommodation Services Manager, or equivalent, and for community service organisations, the Regional Manager Partnerships or equivalent.

The resident may withdraw this notice at any time before they vacate the room. Withdrawal advice must be in writing.

Key messages

•The intent of this policy is to promote the rights and safeguard the best interests of residents in accordance with the objectives of the Act.

•It is good practice to inform residents upon entry to the CRU of their right to give a Notice of intention to vacate by resident should they wish to move at a later date.

•To assist residents in meeting their obligations under Section 80, Disability Services has developed pro-forma notice and withdrawal documents.

Pro-forma documents provided

DR-1Notice of intention to vacate by resident

Notification to the Secretary, Department of Human Services, of receipt of Notice of intention to vacate by resident

DR-2Withdrawal of Notice of intention to vacate by resident

Disability Act 2006 – Part 5 – Residential Services

Community Residential Unit Notice Provisions under S74 and S76

Typical process and documentation trail

Summary of pro-forma notices for temporary relocation and notices to vacate

The above table provides an overview of the reasons of notification under the Act:

•that may require the issue of notices, with the relevant departmental pro-forma reference code

•where the issue of a notice of temporary relocation must precede the issue of a notice to vacate

•where a notice to vacate does not require a preceding notice of temporary relocation.

The required minimum number of days notice to be provided to a resident before a Notice to vacate can take effect is also indicated in the above table.

The maximum period for a temporary relocation is up to 90 days.

All notices to the Secretary and the Public Advocate must be sent within 24 hours of the issue of the notice.

Disability Act 2006—Strengthening rights in residential services policy (May 2010)

Appendix 31