Two statutes govern the provision of services to people who have an intellectual disability in Victoria:
- the Disability Services Act 1986 (Cth); and
- the Disability Act 2006 (Vic) (referred to in this chapter as the "Disability Act").
(Prior to the Disability Act coming into effect on 1 July 2007, two earlier Victorian Acts covered the provision of services to people who have an intellectual disability: the DSA (Vic) and the IDPSA.)
From 2003 to 2006 the Victorian Government undertook an extensive review of the IDPSA and the DSA (Vic) that led to the development of a new single piece of legislation, the Disability Act. The Disability Act sets out the Victorian Government's responsibility in relation to people who have an intellectual disability. The Disability Services Branch of the Victorian DHS is responsible for implementing the aims and objectives of the Act (for contact details see: Chapter 16*1 Disability Overview).
The Disability Act contains a list of objectives and principles that apply to all persons covered by the Act (ss.4 and 5).
Section 6 of the Act provides a list of principles and provisions that apply specifically to people who have an intellectual disability, which includes that:
- people who have an intellectual disability have a capacity for physical, social, emotional and intellectual development and have the right to opportunities to develop and maintain skills and to participate in activities that enable them to achieve valued roles in the community;
- services for people who have an intellectual disability should be designed and provided in a manner that maximises opportunities for people living in residential institutions to live in community-based accommodation;
- people who have an intellectual disability in a residential institution have the right to a high quality of care and development opportunities while they continue to reside in the institution; and
- services for people who have an intellectual disability should be designed and provided in a manner that ensures developmental opportunities exist to enable the realisation of their individual capacities, and that a particular disability service provider cannot exercise control over all or most aspects of the life of a person who has an intellectual disability.
Other relevant legislation includes the Guardianship and Administration Act 1986 (Vic) (see: Chapter 16*6 Guardianship and Administration); the Crimes Act 1958 (Vic) (ss.50–52), and the Sentencing Act 1991 (Vic).
This chapter focuses on the provisions found in the Disability Act relating to the Victorian Government’s responsibility in relation to people who have an intellectual disability. For more information about the Commonwealth and state Disability Services Acts in general, see: Chapter 16*1 Disability Overview.
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RELEVANT LEGISLATION :: Last updated: Thu Jul 1st 2010