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SRS Newsflash August 2011

SRS Legislation Review

Page content: Overview | New legislation introduced to Parliament | What are the main reforms? | Next steps | Further information

Overview

The Victorian government has been reviewing the laws that regulate supported residential services (SRS).

These are currently contained in the Health Services Act 1988 (the Act) and the Health Services (Supported Residential Services) Regulations 2001 (SRS regulations). The laws protect the safety and wellbeing of residents by establishing minimum standards for the accommodation and support provided in these facilities.

New legislation introduced to Parliament

A new Act to regulate SRS, the Supported Residential Services (Private Proprietors) Act 2010 was passed by Parliament in August 2010.

This is standalone legislation tailored to SRS. While it still establishes minimum standards for the accommodation and support provided in these facilities, the new Act will make it easier to understand what SRS residents are entitled to receive.

What are the main reforms?

The main reforms increase protections for residents while cutting unnecessary red tape for proprietors. They include:
  • New statutory occupancy rights for residents.
  • New statutory protections for security deposits and other up front payments residents may make when entering an SRS.
  • New statutory requirements for all new staff to have police checks, and for day to day managers to be assessed, as well as powers to make additional regulations to strengthen staffing requirements.
  • Additional enforcement mechanisms that will broaden how the Department of Health deals with non-compliance by proprietors.
  • Strengthened reporting requirements for serious incidents.
  • A shift to outcome-based standards, with the details of these to be prescribed in regulation.
  • Streamlined administrative processes, with requirements to complete approval in principle (as part of the initial registration process), pay an annual registration fee or periodically renew registration removed.
These reforms will remove unnecessary overlap with other regulatory schemes, making it clearer which types of services are subject to regulation as supported residential services.

You can get more information about key reform areas from the following fact sheets:

Adobe Acrobat icon Fact Sheet 1 - Overview of reforms (44kb, pdf)

Adobe Acrobat icon Fact Sheet 2 - Resident protections - money (42kb, pdf)

Adobe Acrobat icon Fact Sheet 3 - Staffing requirements (42kb, pdf)

Adobe Acrobat icon Fact Sheet 4 - Resident protections - occupancy rights (46kb, pdf)

Adobe Acrobat icon Fact Sheet 5 - Incident reporting (32kb, pdf)

Adobe Acrobat icon Fact Sheet 6 - Accommodation and support standards (39kb, pdf)

Adobe Acrobat icon Fact Sheet 7 - Registration changes (37kb, pdf)

Adobe Acrobat icon Fact Sheet 8 - Monitoring and Enforcement (38kb, pdf)

Next steps

Work has commenced on the development of SRS regulations to support the new Act.

Stakeholders will have the opportunity to provide feedback on these regulations and the associated regulatory impact statement in the coming months.

It is expected the new Act and regulations will come into effect in 2012 (if not sooner).

Until that time, the Health Services Act 1988 and Health Services (Supported Residential Services) Regulations 2001 will continue to be enforced.

Resources will be developed to support all involved with this transition.

Further information

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Last updated: 15 March, 2012
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