Public Guardian Act 2014
Public Guardian Regulation 2014
Part 1
Preliminary
1
Short title
This regulation may be cited as the
Public Guardian Regulation 2014
.
2
Commencement
(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.
Part 2
Visitable sites
3
Visitable 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
.
Schedule 1
Visitable sites
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).
1
Prescribed 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