Version No. 006
Human Services (Complex Needs) Act 2003
No. 68 of 2003
Version incorporating amendments as at 27 July 2007
table of provisions
SectionPage
1
SectionPage
Part 1—Preliminary
1Purposes
2Commencement
3Definitions
4Guiding principles
Part 2—The Multiple and Complex Needs Panel
5Establishment of Panel
6Constitution of the Panel
7Functions of the Panel
8Terms and conditions of office of members
9Vacancies, resignations and removal from office
10Validity of decisions
11Procedure at meetings of the Panel
12Engagement of expert advisers
13Reports
Part 3—Referrals to Multiple and Complex Needs Panel
14Secretary may refer eligible persons to Panel
15Who is an eligible person?
16Notice to be given to persons referred to Panel
Part 4—Assessments and Care Plans
Division 1—Assessments
17Contract for provision of assessment services
18Panel may nominate person for assessment
19What does an assessment involve?
20Information obtained by the multi-disciplinary assessment agency
Division 2—Care plans
21Recommendations and development of care plan
22Copy of care plan and notice to be given to persons
23Care plan co-ordinator
24Variation and termination of care plan
Division 3—Disclosure of personal and health information
25Service providers may share personal and health information
Part 5—General
26Refusal by person, parents or guardians to participate
27Form of notifications
28Notices also to be given to parents and guardians
29Support for eligible person
30No derogation from orders made under other Acts
31Confidentiality provision
32Relationship of this Act to certain other laws
32ATransitional provision—Human Services (Complex Needs) (Amendment) Act 2006
33Expiry of Act
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 006
Human Services (Complex Needs) Act 2003
No. 68 of 2003
Version incorporating amendments as at 27 July 2007
1
Human Services (Complex Needs) Act 2003
No. 68 of 2003
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1Purposes
The purposes of this Act are—
(a)to facilitate the delivery of welfare services, health services, mental health services, disability services, drug and alcohol treatment services and housing and support services to certain persons with multiple and complex needs by providing for the assessment of such persons and the development and implementation of appropriate care plans;
(b)to establish the Multiple and Complex Needs Panel.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 30 June 2004, it comes into operation on that day.
3Definitions
(1)In this Act—
alternate Chairperson means a person referred to in section 6(3);
appointed member means a member of the Panel referred to in sections 6(1)(a) and 6(1)(b);
care plan means a care plan determined under section 21;
care plan co-ordinator means a person appointed under section 23;
Department means Department of Human Services;
eligible person means a person referred to in section 15;
health information has the same meaning as in the Health Records Act 2001;
S. 3(1) def. of Intellectual Disability Review Panel repealed by No. 23/2006 s.242(1).
*****
s. 3
member means member of the Panel;
Mental Health Review Board means the Mental Health Review Board established by the Mental Health Act 1986;
multi-disciplinary assessment agency means a person or organisation with whom the Secretary has entered into a contract under section 17;
nominated person means a person who has been nominated for assessment under section18;
offender services means services provided by—
(a)providers of correctional services within the meaning of the Corrections Act 1986; or
(b)the police force in relation to persons suspected of, or charged with, criminal offences; or
(c)courts and tribunals in relation to persons charged with, or found guilty or convicted of, criminal offences;
Panel means the Multiple and Complex Needs Panel established by this Act;
s. 3
personal information has the same meaning as in the Information Privacy Act 2000;
Public Advocate has the same meaning as in the Guardianship and Administration Act 1986;
referred person means a person who has been referred to the Panel under section 14;
S. 3(1) def. of Secretary amendedby No.108/2004 s.117(1) (Sch.3 item101.1).
Secretary means the person who is for the time being the Department Head (within the meaning of thePublic Administration Act 2004) of the Department.
S. 3(2) amendedby No.108/2004 s.117(1) (Sch.3 item101.2).
(2)If under thePublic Administration Act 2004the name of the Department of Human Services is changed, the reference in subsection (1) to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name.
4Guiding principles
It is the intention of Parliament that the following principles be given effect to with respect to the assessment under this Act of persons with multiple and complex needs and the development and implementation of care plans that relate to such persons—
(a)the well-being, health, safety and stable housing of the person are of paramount consideration in developing a care plan for the person under this Act;
(b)the development of a care plan is to be based on a comprehensive and multi-disciplinary assessment of the person's needs;
(c)the provision of welfare services, health services, mental health services, disability services, drug and alcohol treatment services and housing and support services to the person is best achieved when those services are co-ordinated and when service providers may share relevant personal information or health information about the person;
(d)welfare services, health services, mental health services, disability services, drug and alcohol treatment services and housing and support services provided in accordance with a care plan are to be delivered by the relevant service providers in a co-ordinated manner and for the period determined by the Panel.
s. 4
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Part 2—The Multiple and Complex Needs Panel
5Establishment of Panel
s. 5
There is established by this Act a Multiple and Complex Needs Panel.
6Constitution of the Panel
S. 6(1) amendedby No.78/2006 s.3(a).
(1)The Panel consists of 14members of whom—
(a)one is the Chairperson of the Panel;
S. 6(1)(b) amendedby No.78/2006 s.3(b).
(b)12 are persons appointed by the Minister;
(c)one is the Secretary to the Department or the person nominated from time to time by the Secretary.
(2)The Chairperson is to be appointed by the Governor in Council on the recommendation of the Minister.
(3)The Minister may include with the recommendation of a Chairperson the name of a person to be appointed by the Governor in Council as an alternate Chairperson to act during the absence or illness of the Chairperson.
(4)If the Chairperson is absent or ill and there is no current appointment of an alternate Chairperson under subsection (3), a member referred to in subsection (1)(b) nominated in writing by the Chairperson shall act as Chairperson during his or her absence or illness.
(5)The persons referred to in subsections (1)(a), (1)(b) and (3) must be persons who, in the opinion of the Minister, have significant knowledge of, or significant experience in providing, welfare services, health services, mental health services, disability services, drug and alcohol treatment services, offender services or housing and support services.
(6)An alternate Chairperson or acting Chairperson nominated under subsection (4) has all the powers and may perform all the duties of the Chairperson.
7Functions of the Panel
s. 7
(1)The functions of the Panel are—
(a)to determine whether a person is an eligible person;
(b)to consider recommendations and draft care plans made or provided to it by the multi-disciplinary assessment agency and determine care plans;
(c)to appoint care plan co-ordinators and monitor the implementation of care plans and the progress of persons to whom they relate;
(d)to vary or terminate care plans;
(e)to expend any money granted to it by the Secretary for, or in connection with, the performance of its functions;
(f)any other functions given to it under this Act.
(2)The Panel may inform itself in any way it thinks fit for the purpose of exercising its functions.
8Terms and conditions of office of members
s. 8
(1)Appointed members and an alternate Chairperson hold office for the term specified in their instruments of appointment, not exceeding 3years.
(2)Appointed members and an alternate Chairperson are eligible for reappointment.
(3)The instrument of appointment of an appointed member or an alternate Chairperson may specify terms and conditions of appointment not inconsistent with this Act.
S. 8(4) substitutedby Nos108/2004 s.117(1) (Sch.3 item101.3), 80/2006 s.26(Sch. item52).
(4)The Public Administration Act 2004 (other than Part3 of that Act) applies to an appointed member or an alternate Chairperson in respect of the office of member.
(5)An appointed member or an alternate Chairperson is entitled to receive the fees, travelling expenses and other expenses (if any) that are specified in his or her instrument of appointment or as are fixed in relation to him or her from time to time by the Governor in Council.
9Vacancies, resignations and removal from office
(1)The office of an appointed member or an alternate Chairperson becomes vacant—
(a)if he or she resigns from office under subsection (2) or (3); or
(b)if he or she is removed from office under subsection (4); or
(c)if he or she is convicted of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence.
(2)The Chairperson and an alternate Chairperson may resign by writing delivered to the Governor in Council.
(3)An appointed member referred to in section 6(1)(b) may resign by writing delivered to the Minister.
(4)The Governor in Council may remove an appointed member or an alternate Chairperson from office if of the opinion that he or she—
(a)is guilty of improper conduct in carrying out the duties of his or her office; or
(b)is mentally or physically incapable of carrying out satisfactorily the duties of his or her office; or
(c)has failed to comply with any term or condition of appointment.
10Validity of decisions
s. 10
An act or decision of the Panel is not invalid merely because of—
(a)a defect or irregularity in, or in connection with, the appointment of an appointed member or an alternate Chairperson; or
(b)a vacancy in the membership of the Panel, including a vacancy arising from the failure to appoint an original member.
11Procedure at meetings of the Panel
(1)Meetings of the Panel must be held at such times and places as the Chairperson determines.
(2)The Chairperson must preside at a meeting of the Panel.
(3)The quorum for a meeting of the Panel is the Chairperson and 3 other members, one of whom must be the Secretary or his or her nominee.
(4)The Chairperson must ensure that no more members than are necessary to constitute a quorum are present at a meeting of the Panel.
(5)A question arising at a meeting of the Panel must be determined by a majority of votes of members present and voting on that question.
(6)The Chairperson has a deliberative vote and, in the event of an equality of votes on any question, a casting vote.
(7)The Secretary or his or her nominee is not entitled to vote on any question arising at a meeting of the Panel.
(8)The Panel must ensure that minutes are kept of each of its meetings.
(9)Subject to this Act, the Panel may regulate its own proceedings.
12Engagement of expert advisers
s. 12
(1)The Chairperson may engage, on behalf of the Panel, persons with suitable qualifications and experience as expert advisers to the Panel either in an honorary capacity or for remuneration.
(2)The remuneration of expert advisers shall be determined by the Panel having regard to its budget.
13Reports
The Panel may report to the Minister on any matter arising out of the implementation of this Act.
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Part 3—Referrals to Multiple and Complex Needs Panel
14Secretary may refer eligible persons to Panel
s. 14
(1)Subject to subsection (2), the Secretary may refer a person to the Panel if the Secretary believes that the person is an eligible person.
Note
Section 18 sets out the options available to the Panel on a person being referred to it.
(2)The Secretary must not refer an eligible person to the Panel if the person has refused to be referred to the Panel.
15Who is an eligible person?
An eligible person is a person who—
(a)has attained 16 years of age; and
(b)appears to satisfy 2 or more of the following criteria—
(i)has a mental disorder within the meaning of the Mental Health Act 1986;
(ii)has an acquired brain injury;
(iii)has an intellectual impairment;
(iv)is an alcoholic or drug-dependent person within the meaning of the Alcoholics and Drug-dependent Persons Act 1968; and
(c)has exhibited violent or dangerous behaviour that caused serious harm to himself or herself or some other person or is exhibiting behaviour which is reasonably likely to place himself or herself or some other person at risk of serious harm; and
(d)is in need of intensive supervision and support and would derive benefit from receiving co-ordinated services in accordance with a care plan under this Act that may include welfare services, health services, mental health services, disability services, drug and alcohol treatment services or housing and support services.
16Notice to be given to personsreferred to Panel
s. 16
If the Secretary determines to refer a person to the Panel, the Secretary must notify the person in writing before referring the person—
(a)that the Secretary has determined to refer the person to the Panel; and
(b)that the Secretary will refer the person to the Panel unless the person refuses to be referred to the Panel; and
(c)that the Panel may seek to obtain from any person or organisation personal information or health information about the referred person for the purpose of confirming that the person is an eligible person; and
(d)that the multi-disciplinary assessment agency may seek to obtain from any person or organisation personal information or health information about the referred person for the purpose of assessing the person and developing a care plan that relates to the person; and
(e)that a service provider identified in a care plan that relates to the referred person may disclose personal information or health information about the person to another service provider identified in the care plan if the first-mentioned service provider is satisfied that the disclosure—
(i)is in the best interests of the person; and
(ii)would assist the second-mentioned service provider in giving effect to the care plan; and
(f)that the Panel may disclose personal information or health information about the referred person to a service provider identified in a care plan that relates to the person if the Panel is satisfied that the disclosure—
(i)is in the best interests of the person; and
(ii)would assist the service provider in giving effect to the care plan; and
(g)of how to contact the Secretary and the Panel; and
(h)that the person may at any time—
(i)refuse to be referred to the Panel; or
(ii)refuse to be assessed under section 19; or
s. 16
(iii)refuse to be the subject of a care plan; and
(i)that the person may at any time request the Panel to vary or terminate a care plan that relates to the person.
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Part 4—Assessments and Care Plans
Division 1—Assessments
17Contract for provision of assessment services
s. 17
The Secretary may enter into a contract with a person or organisation to carry out assessments, or to arrange for assessments to be carried out, under this Act on behalf of the Panel.
18Panel may nominate person for assessment
(1)The Panel may, at its discretion, nominate a referred person for assessment by the multi-disciplinary assessment agency if the Panel believes that the person is an eligible person.
(2)The Panel may seek to obtain from any person or organisation personal information or health information about a referred person for the purpose of forming a belief as to whether the person is an eligible person.
(3)If the Panel is of the belief that a referred person is not an eligible person, the Panel must so notify in writing the Secretary and the person.
(4)The following are authorised to disclose personal information or health information about a referred person to the Panel in accordance with a request under subsection (2)—
(a)the Secretary;
(b)the Public Advocate;
(c)the Mental Health Review Board;
S. 18(4)(d) repealed by No. 23/2006 s.242(2).
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(e)any person or organisation that provides or has provided welfare services, health services, mental health services, disability services, drug and alcohol treatment services, offender services, emergency services or housing and support services to the referred person.
19What does an assessment involve?
s. 19
In assessing a nominated person, the multi-disciplinary assessment agency must ensure that—
(a)the nominated person is consulted in person and, if the agency believes it appropriate and the nominated person agrees, the person's family is consulted; and
(b)the nominated person's carers are consulted; and
(c)the persons and organisations who are currently providing welfare services, health services, mental health services, disability services, drug and alcohol treatment services, offender services or housing and support services to the nominated person are consulted; and
(d)a multi-disciplinary analysis of the nominated person's needs is carried out; and
(e)relevant personal information or health information in relation to the nominated person is obtained and considered.
20Information obtained by the multi-disciplinary assessment agency
(1)A multi-disciplinary assessment agency may seek to obtain personal information or health information about a nominated person from any person or organisation for the purposes of assessing the nominated person.
(2)The following are authorised to disclose personal information or health information about a nominated person to the multi-disciplinary assessment agency in accordance with a request under subsection (1)—
s. 20
(a)the Public Advocate;
(b)the Mental Health Review Board;
S. 20(2)(c) repealed by No. 23/2006 s.242(2).
*****
(d)any person or organisation that provides or has provided welfare services, health services, mental health services, disability services, drug and alcohol treatment services, offender services, emergency services or housing and support services to the nominated person.
(3)The multi-disciplinary assessment agency is authorised to disclose personal information or health information about the nominated person—
(a)to a person or organisation referred to in subsection (2)(d) in connection with the performance of the agency's functions under this Act; and
(b)to the Panel to enable itto consider recommendations made to it by the agency; and
(c)to the care plan co-ordinator to enable him or her to carry out his or her functions.
Division 2—Care plans
21Recommendations and development of care plan
s. 21
(1)Within 90 days after a person is nominated for assessment, the multi-disciplinary assessment agency must—
(a)make every effort to ensure that the person is assessed; and
(b)make a recommendation to the Panel as to whether a care plan that relates to the person should be implemented; and
(c)if a care plan is recommended, provide to the Panel a draft care plan and recommend the duration of the care plan.
(2)A draft care plan must—
(a)specify the care, treatment, support and housing recommended for the person taking into account his or her best interests; and