Public Guardian Regulation 2014

1Short title

This regulation may be cited as the Public Guardian Regulation 2014 .

2Commencement

(1)This regulation, other than the provisions mentioned in subsection (2), commences on 1 July 2014.

(2)Sections 7 and 8 commence on the commencement of the Child Protection Reform Amendment Act 2014 , section 6.

3Visitable sites—Act, s 39

(1)For section 39 of the Act, definition visitable site, the places stated in schedule 1 are prescribed.

(2)A reference in schedule 1 to the department that is mainly responsible for public health includes a reference to a Hospital and Health Service under the Hospital and Health Boards Act 2011 .

section 3

Note—

An adult, with impaired capacity for a personal matter or a financial matter or with an impairment, who lives or receives services at a place prescribed in this schedule is a consumer. See the Act, section 39, definition consumer, paragraph (c).

1Prescribed visitable sites

(1)A place, other than a private dwelling house, that is any of the following—

(a)a place—

(i)where an adult with impaired capacity for a personal matter or a financial matter, or with an impairment, lives; and

(ii)that is wholly or partly funded by—

(A)the department that is mainly responsible for disability services; or

(B)the department that is mainly responsible for public health;

(b)a place where an adult with impaired capacity for a personal matter or a financial matter, or with an impairment—

(i)lives; and

(ii)receives services from—

(A)the department that is mainly responsible for disability services; or

(B)an entity that receives financial assistance from the department that is mainly responsible for disability services, or from the department that is mainly responsible for public health, to supply the service;

(c)a place, other than an aged care facility, where an adult with an impairment—

(i)lives; and

(ii)receives services from the department that is mainly responsible for public health;

(d)a place—

(i)where an adult with impaired capacity for a personal matter or a financial matter, or with an impairment, lives; and

(ii)that is part of premises to which one of the following applies—

(A)a residential service conducted in the premises is registered under the Residential Services (Accreditation) Act 2002 and personal care services are provided in the premises;

(B)there is a current application for level 3 accreditation under that Act of a residential service conducted in the premises;

(C)a residential service conducted in the premises is accredited at level 3 under that Act;

(e)a place where a funded adult participant with impaired capacity for a personal matter or a financial matter, or with an impairment, lives.

(2)In subsection (1)—

funded adult participant means an adult who is a participant and has a participant’s plan.

NDIS Act means National Disability Insurance Scheme Act 2013 (Cwlth).

participant has the meaning given by the NDIS Act, section 9.

participant’s plan means a plan for a participant that is in effect under the NDIS Act, section 37.

plan, for a participant, has the meaning given by the NDIS Act, section 9.

sch 1 sub 2016 No. 9 s 59