disability services - guidelines for setting and collection of residential changes - community...

8/13/2019 Disability Services - Guidelines for Setting and Collection of Residential Changes - Community Service Organisations

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Disability Services

Guidelines for setting and collection of residential charges community service organisations


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Disability Services

Guidelines for setting and collection of residential

charges community service organisations

April 2010


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ii Guidelines for setting and collection of residential charges community service organisations (April 2010)

Accessibility

If you would like to receive this publication in an accessible

format, please phone 1300 366 731 using the National

Relay Service 13 36 77 if required, or [email protected]

This document is also available as a Word file on the internet at

www.dhs.vic.gov.au/disability

Published by the Victorian Government Department of Human Services

Melbourne, Victoria

Copyright State of Victoria 2010

This publication is copyright, no part may be reproduced by any process

except in accordance with the provisions of the Copyright Act 1968.

This document may be downloaded from the Department of Human Servicesweb site at www.dhs.vic.gov.au

Authorised by the State Government of Victoria, 50 Lonsdale Street, Melbourne

April 2010

Printed on sustainable paper by Sovereign Press, 6 Traminer Court, Wendouree 3355


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Guidelines for setting and collection of residential charges community service organisations (April 2010) iii

Context statement 1

Definitions (taken from the Disability Act 2006) 1Other definitions/terms 2

Application of the guidelines 2

Objective 3

Key guideline principles 3

Key guideline elements 4

SECTION 1: ALL RESIDENTIAL SERVICES 5

1.1 Residential charges policy 5

1.2 Residential charge amount and service components 5

1.3 Residential charge how this will be paid 6

1.4 Increase and variation to residential charges 6

1.5 Consideration of undue financial hardship 6

1.6 Intentional damage of property 6

1.7 Compensable clients 7

SECTION 2: SECTION 64 COMMUNITY RESIDENTIAL UNITS 8

2.1 Increase and variation to residential charges in CRUs 8

2.2 Variations to service level provision 8

2.3 Residential charge payment and receipting 9

2.4 Non-payment of residential charges 9

2.5 VCAT review Grievances relating to the residential charge 10

Related policies, procedures and legislation 12

Contacts (or for external support within the department) 12

Approved 12

Attachment A: Notice of an increase in the residential charge 13

Attachment B: Notice to vacate 14

Appendix A: Residential charge Service items: inclusions and exclusions 15

Contents


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iv Guidelines for setting and collection of residential charges community service organisations (April 2010)


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Guidelines for setting and collection of residential charges community service organisations (April 2010) 1

Context statement

The Disability Act 2006(the Act) was passed by Parliament on 4 May 2006 and became fullyoperational from 1 July 2007.

The Act provides a framework for a whole-of-government and whole-of-community approach

to enable people with a disability to actively participate in the life of the community. The Act is

guided by the principles of human rights and citizenship and provides substantial reform to the

law for people with a disability in Victoria.

Definitions (taken from the Disability Act 2006)

Community residential unitmeans a residential service that is declared to be a community

residential unit under Section 64.(Please note: in practice this means a residential service in a group home which is declared a

community residential unit under Section 64).

Facilities means:

a. land or buildings intended for use for storage space or car parking

b. laundry facilities

c. cooking facilities

d. recreational areas

e. garbage storage and disposal facilities

f. bathroom, toilet and washing facilities

g. appliances for heating or cooling premisesh. communications facilities

i. lawns, gardens and outhouses

j. stairways

provided for the use of a resident otherwise than as a part of the room.

Rent componentmeans an amount for the use by a resident of the room, any common area and

the premises.

Resident means a person who receives disability services in a residential service.

Residents administratormeans the residents attorney appointed under an enduring power of

attorney to administer the residents property, or a person appointed by a court or tribunal as the

administrator of the residents property.

Residents guardianmeans the residents guardian appointed under the Guardianship and

Administration Act 1986or appointed by a court and, if the resident is a child, includes the childs

guardian whether or not the natural parent of the child.

Residential chargemeans a charge comprising the rent component or both the rent component

and the services component.

Residential service means residential accommodation with rostered staff provided by, or on

behalf of, a disability service provider for the purpose of providing disability services to:

a. one or more residents in a community residential unit; or

b. one or more residents in a residential service other than a community residential unit.

Roommeans a room in a premises where the room is occupied or intended to be occupied by a

person who has a right to occupy the room for the purpose of a residence together with a right to

use in common with others common areas in the premises.


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2 Guidelines for setting and collection of residential charges community service organisations (April 2010)

Services componentmeans an amount for whichever of the following service items are

provided to a resident:

a. utilitiesb. communications including telephone

c. bedding and linen

d. food

e. general household consumable supplies

f. communal furnishings and whitegoods

g. household equipment and utensils

h. replacement of items specified in sub-paragraphs (b), (c), (e), (f), or (g) following wear and tear

or accidental damage.

Other definitions/terms

Authorised representativein the role of a financial administrator means a person who is

appointed under an enduring power of attorney (financial) to administer the persons property or a

person appointed by a court or tribunal, such as the Victorian Civil Administrative Tribunal (VCAT),

as the administrator of the persons financial and legal affairs.

Group homeis a residential facility where shared supported accommodation is provided and

supports are linked to the funded residential service provided to one or more people with a

disability on a long-term basis by staff employed by the disability service provider.

Nominated representativemeans a person who is the recognised signatory to the residents

Centrelink bank account, or who is the person nominated during the development of a residentssupport plan or financial plan to be responsible for supporting the plan.

Penalty unitsthe Monetary Units Act 2004 governs the indexation of fees and fines set by

various departments. Fees and fines are automatically indexed through the value of a fee or fine

unit being fixed by an annual rate, and applied from 1 July each year. When fixing the annual

rate, the treasurer takes into account the rate of inflation and the cost of delivering government

services. The value of the fee or fine unit is subsequently published in the Government Gazette

and major newspapers.

Application of the guidelines

These guidelines are made pursuant to Section 65 of the Act, whereby the Secretary of the

Department of Human Services (the department) may make and publish guidelines with respect

to residential charges applicable to declared community residential units (CRUs).

These guidelines are provided to assist community service organisations to review their current

policy and practice to ensure compliance with the Act as from 1 July 2007 for declared community

residential units. Other sections of the Act also apply to residential services, including CRUs.

The guidelines set out:

Items that must be included in an organisations residential charges policy as specific

requirements of the legislation.

Items that should be considered as good practice to ensure that residents receive and act onthe best possible information and that this is consistent across the sector.

The department has prepared these guidelines to support the application of the principles and

additional legislative requirements for declared community residential units as the baseline

of good practice to be applied to all departmental-funded residential services provided by

community service organisations, where appropriate.


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Provision of information

The provision of any advice, notification or information in relation to these guidelines should be

undertaken in line with the requirements of the Act, Part 2 Objectives and principles of the Act,S7, Provision of advice, notification or information under this Act.

1. The contents of any advice, notice or information given or provided to a person with a disability

under the Act must be explained by the person giving the advice, notice or information

to the maximum extent possible to the person with a disability in the language, mode of

communication and terms which that person is most likely to understand.

2. An explanation given under (1) must, where reasonable, be given both orally and in writing.

3. If a person is incapable of reading and understanding the information provided, the disability

service provider mustuse reasonable endeavours to convey the information to the person in

the language, mode of communication or terms that the person is most likely to understand.

4. The disability service provider may give a copy of the advice, notice or information to a familymember, guardian, advocate or other person chosen by the person with a disability. Where

no person is chosen, the information may be given to a person the disability service provider

considers can assist the person with a disability. The person must not be employed or be a

representative of the disability service provider.

It is important that families are supported to participate in the life of the individual in order to

foster positive and cooperative partnerships between family and disability service providers.

This is of particular importance with respect to assisting the individual to understand their rights,

responsibilities and support available to them.

It is important, however, that all parties are mindful of respecting the wishes of the individual

accessing services.

Victorian Charter of Human Rights

These guidelines have been developed to support the principles and requirements of the Act and

The Victorian Charter of Human Rights and Responsibilities.

Objective

The objective of these guidelines is to provide a clear and transparent framework for the setting

of residential charges in allresidential services, including facility-based respite, and support the

provision of quality, sustainable disability services.

Key guideline principles

The principles underpinning the Disability Services Guidelines for setting and collection of

residential charges are:

Residents who are in receipt of government funding in disability services supported

accommodation are expected to contribute towards the cost of their daily living needs in a

comparable way to other members of the community.

Fees should meet a reasonable level of the costs of services provided to residents. Fees

charged should not exceed the actual cost of service provision.

The setting of fees should also enable residents to retain some disposable income to support

their participation in the community and pursuit of individual goals.

The level of fee should reflect the income available to residents, primarily disability support

pensions, commonwealth rent assistance (where available) and other allowances.


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Fees should be transparent and the services to be provided for the fees must be made clear.

Service providers must provide information to residents outlining the basis of the fee, coverage

of the fee and the process for fee increases. Fee collections should be administered efficiently and attempts should be made to minimise

the cost of administration.

An avenue for complaint should be available to all service recipients or authorised agents.

Services should not be refused on the basis of inability to pay, however service recipients

claiming incapacity to pay need to demonstrate this through the application of undue financial

hardship provisions. Disability service providers should ensure a process to consider these

issues is in place and communicated to residents, their guardians and authorised or nominated

representatives.

People in possession of compensation will be charged the full cost of service provision to the

extent that the financial settlement provides for their disability support.

The provision of fees should support the achievement of a financially sustainable system.

Key guideline elements

The key elements contained within the Act are as follows:

1. The residential statement, which must be provided to each resident when they commence

residing at the residential service including community residential units and respite services,

must specify the amount of the residential charge and what the residential charge will cover in

terms of rent and services.

2. There are two principal components of the residential charge that are defined in the Act: the

rent component and the service component. A residential charge may be set on the basis ofthe rent component or a combination of the two components. The charge is a contribution

towards meeting accommodation costs, including other applicable service items provided.

3. The Act provides additional requirements for community residential units in that the rent

component of the residential charge can only be increased at intervals of not less than six

months. Any proposed increases to the residential charge (including both service and rent

component) must be accompanied by a notice of increase in the residential charge of not less

than 60 days. The residential charge may be increased without a notice if the increase relates

to an additional service item provided at the request of the resident.

4. For community residential units, the Act requires when the service items provided in the

services component of the residential charge are reduced, the residential charge to the

resident must be reduced by an amount agreed between the resident and the disability service

provider. In instances where agreement cannot be reached either the resident or the disability

service provider can apply to VCAT to have the matter determined.

This document is presented in two sections to provide clarity regarding the additional legislative

requirements in respect of residential charges for declared community residential units:

Section 1:legislative requirements and guidelines applicable to all residential services

Section 2:additional requirements for declared community residential units


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Service providers may charge for residential services. In setting these charges, service providers

must have due regard to these guidelines and the relevant provisions of the Act.

1.1 Residential charges policy

Each disability service provider should maintain an up-to-date policy document on residential

charges for the various types of residential services provided, including facility-based respite. The

policy document is an integral part of information provision to service users and their authorised

or nominated representatives.

A residential charges policy needs to set out:

the amount and the basis of the residential charge

the services, including the level or quantum, to be provided for that charge

the frequency, timing and process for residential charges increases or variations

payment and receipting of residential charges a process for consideration of undue financial hardship where financial difficulty in payment is

evidenced

the grievance or complaints process that applies within the organisation.

Policies should be available in easy English and other formats reflecting the need to communicate

to residents and their authorised or nominated representatives in the most appropriate format.

The residential charges policy should be made available to residents and their authorised

representative together with the residential statement.

1.2 Residential charge amount and service components

The residential charge is to consist of an amount for the components that are provided to theresident in accordance with information provided in the residential statement. Residents must be

advised about which of the following services are included as part of the residential charge. These

services are defined in the Act:

Rent componentmeans an amount for the use by a resident of the room, any common area and

the premises.

Services componentmeans an amount for whichever of the following service items are provided

to a resident:

a. utilities

b. communications including telephone

c. bedding and linen

d. food

e. general household consumable supplies

f. communal furnishings and whitegoods

g. household equipment and utensils

h. replacement of items specified in sub-paragraphs (b), (c), (e), (f), or (g) following wear and tear

or accidental damage.

A disability service provider may provide other additional itemsthat are not covered in the

above categories. This may be associated with, for example, agreed transport provision or any

other fee for service item. These need to be specified in the residential statement under the

residential charge if they are part of that charge.

Disability service providers may also provide a range of other specific disability support aids and

equipment free of charge to residents, or outside the standard residential charge. These provisions

vary between residents due to their individualised support needs. They are excluded from the

residential charge.

Section 1: All residential services


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Where a residential charge is based on recovering part of the total costs of a service item or range

of service items, it is acceptable practice for the disability service provider to set a fixed inclusive

residential charge by averaging the costs of these service items between residents in a specifichousehold, or across households. It is not necessary to list the cost or charge of each individual

service item component.

Where there is a fee for a service item that is linked to an actual or specified service level, the

amount of this charge should be itemised separately.

Residents should also be advised if they are required to reimburse the disability service provider

for incidental items based on ad-hoc usage, for example, telephone calls, and how these charges

are to be billed.

Appendix Ais provided as a reference list of the various service components that may be

relevant for inclusion under the residential charge. As part of their policy advice to residents,

disability service providers need to consider providing a list itemising inclusions under theresidential charge and indicating whether residents are charged on a full-cost recovery basis

or on a contribution basis.

1.3 Residential charge how this will be paid

The Act requires disability service providers to provide details in the residential statement of the

amount of the residential charge, including the frequency of payment and the preferred method

of payment. These details should be reflected in the organisations residential charges policy

document.

1.4 Increase and variation to residential charges

Reasonable notice in writing is to be given to the resident, guardian or authorised or nominated

representative of any changes to the information provided in the statement, including changes

to residential charges. Disability service providers should ensure their residential charges policy

provides adequate information of the processes involved in increasing and varying charges.

Where other residential services have no requirements in place, for example a tenancy

arrangement, it is recommended they apply Section 2.1.1 Increase to residential charges in CRUs.

1.5 Consideration of undue financial hardship

Services should not be refused on the basis of inability to pay. Residents claiming incapacity to

pay need to demonstrate this through the application of undue financial hardship provisions.

Organisations should ensure a process is in place to consider these issues. This policy is to be

communicated to service users and their authorised or nominated representatives.

During 2006 the Department of Human Services developed guidelines for the consideration of

undue financial hardship. These guidelines apply to all service providers.

1.6 Intentional damage of property

Section 59 of the Act specifies duties of residents, including the duty of a resident not to

knowingly and intentionally destroy any part of the premises. The resident is required to notify the

service provider and contribute to the cost of any damage caused knowingly and intentionally.

Service providers need to ensure adequate provision of information to the resident and/or their

authorised or nominated representatives, including details of the incident, parties involved and

estimated cost of damages, and how this value has been derived.

In such situations, residents and their authorised or nominated representatives may refer

unresolved differences regarding the facts, contributory circumstances or compensation amounts

to the Disability Services Commissioner.


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1.7 Compensable clients

The key guideline principles set out that compensable residents are required to pay the full cost of

all residential and support services provision to the extent that the financial settlement providesfor their disability support. At the time of intake and referral, this matter needs to be finalised

between the person and their administrator, the disability service provider and the department

prior to accommodation placement. Service providers should ensure that their residential charges

policy incorporates guidelines in relation to this principle.


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The following are additional requirements under the Actand are specific to declared

community residential units. The department will advise disability service providers which funded

residential services are declared as community residential units under s64 of the Act.

2.1 Increase and variation to residential charges in CRUs

Section 66 of the Act requires a declared community residential unit service provider to give the

resident, their guardian or their administrator written notice of a proposed increase in residential

charges. This notice must be given 60 days from the date when the notice is sent out. Note for

Service Provider calculation of the date of new charge excludes the issue date and end date of the

notice period, for example day one is the day after the date of issue, implementation date is the day

after the end date.

The residential charge may be increased without a notice if the increase relates to an additional

service item provided at the request of the resident. It is advisable that both parties agree to

the additional cost factor, and on when the increase in service provision and payment should

commence.

The rental component of the residential charge must not be increased at intervals of less than six

months.

2.1.1 Notice to increase CRU residential charges

A departmental prescribed pro-forma Notice of increase in residential charge is available for use

by all disability service providers refer Attachment A.

A copy of the Notice of increase in residential charge should be attached to the residents file as a

record of when the notice was provided.

There is no requirement to revise the residential statement when there is an increase in the

residential charge. A notice to increase residential charges, including any written advice regarding

a variation to charges and service levels provided in accordance with the Act is deemed as an

update to the residential statement.

2.2 Variations to service level provision

Section 70 of the Act requires that the residential charge must be reduced if service items are

reduced. The Act defines a reduction in service items included in the residential charge as:

a. a reduction of a service item by reducing that level or range of services provided in that item

b. a termination in the provision of a service item.

The residential charges policy should detail the range of service items that will be normally

provided and indicate the service levels of these provision, for example its frequency may be daily,

five times a week, fortnightly, monthly and so on. Any fixed or minimum charges should be set out

in the policy documentation.

Usually a residential charge is calculated on the basis of averaging total costs of specified service

items equally between all residents in the one household, or across all households. Where a

resident is only making a contribution towards meeting the total cost of provision of a service item

or range of service items, it is acceptable practice for the disability service provider to set a fixed

inclusive residential charge based on the average of total costs between residents in a specific

household, or across households.

It is impractical and administratively costly for a service provider to track costs of service provisionto actual service level provision for a specific resident. It is not expected that a service provider

is required to vary the residential charge on an individual resident basis for normal fluctuations in

service component levels where there is no material change to the cost base of service provision.

Section 2: Section 64 Community residential units


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The exception would be where there is a permanent decrease in a service level that is not offset

by an increase in another service item to all residents. Disability service providers should be able

to provide expenditure details on these service cost items to VCAT in a review to demonstrate whythe residential charge should not be reduced.

However, if a disability service provider reduces any services that are charged to residents on a

full-cost recovery basis, then the disability service provider must reduce the residential charge by

an amount agreed between the disability service provider and the resident.

Where a fee for service is included in the residential charge that is linked to actual or agreed usage

level it is appropriate for these rates to be identified separately.

2.3 Residential charge payment and receipting

Section 67 requires that the disability service provider must not require a resident to pay the

residential charge more than 30 days in advance.Section 69 requires a disability service provider to provide a written receipt to the person making

a residential payment:

immediately, if the payment has been made in person; or

if the payment is not made in person, within 30 days of receipt of the residential charge if the

person requests a written receipt at the time of payment.

The format of the receipt is specified under the Act and must indicate:

the name of the resident

the name of the Disability Service provider

the location of the CRU

the date payment was received the period for which the payment was made

the amount paid

the rent or service components, or both, covered by the payment.

Where a residential charge is not paid in person and a written receipt is not requested, the service

provider must keep a record of the payment for 12 months after receipt of the payment.

If the resident requires a copy of the record before the end of the 12-month period, the service

provider must provide a copy of the record of payment within 30 days of receiving the request.

There are penalty units associated with non-compliance with the receipting requirements of the Act

specified above.

2.4 Non-payment of residential charges

Where financial hardship is not demonstrated and the resident, guardian or authorised or

nominated representative has failed to pay the residential charge, the disability service provider

has the right under s76 to issue a Notice to vacate. The resident also has the right to seek a review

by VCAT within 28 days of receiving a Notice to vacate.

The service provider should have in place a policy for the following up and treatment of

outstanding debts. Reasonable communication and support should be provided to the resident

and their authorised representative to clarify the reason for the outstanding debt and, where

necessary, the opportunity for an agreed payment plan to discharge the debt. Reasonable

support and timelines need to be cognizant of the residents support needs, the financialadministration arrangement in place and the financial position of the resident.

Where an authorised or nominated representative is not discharging the residents financial

responsibility to pay the residential charges, this matter should be referred through management

to VCAT for review as per Division 2 of the Guardianship and Administration Act 1986.


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A Notice to vacate for not paying a residential charge should not be issued unless it is evidenced

that there is sufficient ground to issue such a notice, that is, all corrective actions have failed.

The department has a proforma for issuing a Notice to vacate for failure to pay residential chargein Attachment B.

It is a legislative requirement that a notice to vacate for failure to pay residential charge must

specify a termination day that is not less than 60 days after the date on which the notice is given.

To ensure a full 60 days notice is given, the termination day specified on the notice should be at

least 62 days from the day on which the notice is given. Enforcement of a notice to vacate should

not commence until after the termination date specified.

2.5 VCAT review Grievances relating to the residential charge

The following VCAT reviews only apply to residents living in declared community residential

units. Requests for review to VCAT must be made within 28 days of receiving the notices for thefollowing:

2.5.1 Prescribed amount

Under the Disability Act Regulations, theprescribed amountfor the purpose of s72 (3) is set at

75 per cent of the Disability Support Pension (DSP) and 100 per cent of Commonwealth Rent

Assistance (CRA). This means that a residential charge will not be considered to be excessive by

VCAT if it does not exceed this prescribed amount. This threshold reference amount will be one

of the factors taken into consideration by VCAT in its determination of an order in relation to a

dispute concerning a notice of increase in residential charge. This amount is based on a board

and lodging model and includes all service items (a) to (h) listed in the Act.

Service providers may charge less than, equal to, or greater than the maximum amount dependingon their organisational residential charges policy. Service providers need to review their policy

including the current range of service items provided, service levels and associated costs, taking

into consideration the elements contained in these guidelines and the requirements of the Act.

A residential charge that exceeds the prescribed threshold amount must demonstrate that there

are additional service items to those listed under the services component in the Act that are being

provided to residents (for example, transport provision, other fee for service items).

Where residents are paying a rent component only as the residential charge, the department

recommends that the amount of this charge should not exceed the National Social Housing

benchmark. This is equivalent to 25 per cent of disposable income. Generally, it is expected that

the maximum rent charge must not exceed that under the Community Housing Program of theOffice of Housing. A disability service provider may choose to set a rent that is calculated using

only the disability support pension and rent assistance, excluding all other income.

Service providers are, therefore, accountable for the level of residential charge applied and

the services provided for that residential charge. Organisations need to be clear to residents

and ensure that they and their authorised or nominated representatives understand how the

residential charge has been set and what services it includes.

2.5.2 If the service items are reduced

Where a residential charge is based on a full-cost recovery basis, or on a fee-for-service item, and

the service items are reduced, the disability service provider must reduce the residential charge

by an amount agreed with the resident. In the event of no agreement being reached, either theresident or the disability service provider may apply to VCAT for a determination of the amount of

adjustment.


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A disability service provider will need to demonstrate to VCAT why the residential charge should

not be reduced, including evidence that residents are only making a contribution towards meeting

the total costs of the service items.

2.5.3 Following an increase in the residential charge

If the resident is concerned with a proposed increase in the residential charge, they should raise

their issue with the house manager in the first instance. The house manager must ensure that

residents are provided with information or assistance from their support network to understand

the reasons for the increase in the residential charge. If the resident wishes to seek redress

through VCAT, they must make an application within 28 days of the issue of the notice of increase.

Disability service provider staff must be mindful of this time limit when addressing the initial

concern.

An increase to a residential charge that results in the charge being higher than the prescribed

threshold amount needs to be justified on the costs of service provision, including whether highercharges are associated with the provision of additional or better quality service items than those

listed under the services component in the Act (for example, transport provision or other fee-

for-service items). VCAT will also consider other factors, such as what is being paid by residents

of similar CRUs in similar locations and the number and size of increases in the preceding 24

months.1

In a case where VCAT determines that the increase in a residential charge sought is excessive, it

can make an order directing that the residential charge cannot exceed the amount specified in

the order for a specified period of time. The amount specified under such an order cannot be less

than the resident was being charged before the notice of the proposed increase was given.

1 refer to s72, Disability Act 2006.


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Related policies, procedures and legislation

Financial Management Act 1994 Trustee Act 1958

Rights and Accountability Departmental Management of Money Policy

Guardianship and Administration Act 1986

Victorian Civil and Administrative Tribunal Act 1998

Quality Framework for Disability Services in Victoria

Disability Service Division Policy & Funding Plan

Undue Financial Hardship Guidelines May 2008

Contacts (or for external support within the

department)

Should there be any questions regarding this policy, please contact:

The Legislation Team

Disability Services Division

Department of Human Services

8/50 Lonsdale Street, Melbourne, VIC, 3000

email: [email protected]

Or, for further information and advice contact your regional or divisional Program and Services

Advisor (PASA)

Approved

Director, Planning and Resource Management


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Notice of an increase in the residential charge

Disability Act 2006s66

From:

To:

Re:

Residential charge at community residential unit (CRU) at:

Under the terms of the Disability Services Act 2006(the Act) you are advised that the residential

charge for the above property will increase from per fortnight/per month to per

fortnight/month from the .

(The components included in the charge remain as set out in the residential statement.)

(This increase is as a result of adding to the services provided in the residential

statement). (delete as appropriate)

If you have a concern about this, please speak to your House Manager in the first instance. Youmay apply to the Victorian Civil and Administrative Tribunal (VCAT) [insert contact details of

appropriate part of VCAT] for a review of the decision to increase the charge. An application must

be made within 28 days of being issued with this notice.

(Signed)

(Print name)

(Position title)

For and on behalf of

Date of issue: / /

Attachment A


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Notice to vacate DP-5

Disability Act 2006s76

To:

Of: community residential unit (CRU) at:

Under the terms of the Disability Services Act 2006 (the Act) you are hereby given notice to

vacate the CRU at the above address. This notice has been issued because:

a. you have failed to pay the residential charge

The Act requires me to give you at least 60 days notice to vacate in these circumstances. This

means that you must vacate the CRU on, or before, . (Notice to service providers: It is

a legislative requirement that a notice to vacate must specify a termination day that is not less than

60 days after the date on which the notice is given. To ensure a full 60 days notice is given, the

termination day specified on the notice should be at least 62 days from the day on which the notice

is given. Enforcement of a notice to vacate should not commence until after the termination date

specified. More time must be allowed if the notice is posted you must take into account these

extra days allow at least two business days after the notice was posted).

The Secretary, Department of Human Services and the Office of the Public Advocate will, in

accordance with s76(7) of the Act, be advised that you have been issued with this notice.

If you require the assistance of an advocate in this matter, please contact

If you would like further information about your residency rights contact Consumer Affairs Victoria

on 1300 558 181.

If you believe that the issuing of this notice to vacate is not valid for any of the following reasons:

a. a defect on the face of the notice (for example, it was not filled out correctly)

b. the notice was not issued in accordance with this Act

c. the ground on which the notice was issued is not established,

you may apply to the Victorian Civil and Administrative Tribunal (VCAT) for a review. An application

to VCAT must be made within 28 days of the day on which you received the notice.

(Signed)

(Print name)

(Position title)

For and on behalf of

Date of issue: / /

Attachment B


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(1) Service provider to delete whichever is not applicable, modify or add as appropriate to its

Residential charges policy

(2) Do not list any service items that are provided and are NOT PART of the cost base used tocalculate the residential charge.

(3) Advise residents which items are charged on a full-cost recovery basis or on contribution basis.

The contribution may be variable or fixed.

Included in charge

Residents expected to provide

(Optional information)

utilities (including water, gas, electricity)

Communications, including telephone

bedding and linen

food

general household consumables

communal furnishing and whitegoods

household equipment and utensils.

Replacement following wear and tear or accidentaldamage.

Additional services provided for residential charge asper residential statement:

pharmaceutical prescription drugs

incontinence aids

day placement, where itemised on residentialstatement as part of core service provision

physiotherapy, where itemised on residential

statement as part of core service provision occupational therapy, where itemised on

residential statement

education and recreational services, whereitemised as part of core service provision

transport provided as itemised on residentialstatement core service provision.

Additional core service provision:

staff costs, including bedding, linen, and stafffurniture

office consumables

equipment on OH&S justification

maintenance including or excluding gardening insurance of building and contents

first aid kit.

Fee-for-service items (please specify, if any).

ambulance cover

personal choice of non-standard items as listedin the disability services division, purchaseof furniture and equipment guidelines foraccommodation services

Clothing and footwear hospital/medical/ancillary costs

personal grooming and hygiene requisites(excluding incontinence aids)

annual or periodic holidays

personal support other than by departmentaldirect care staff

meals outside of residence, unless consumed asa household

personal meals on outings, holidays or takeaways

cost of social, leisure or other outings

personal spending costs

personal possessions, including insurance,repairs, maintenance and replacement due towear and tear or accidental damage

personal telephone calls

telephone and line rental in own room

mobile phone

internet access and personal computer equipment

travel costs other than by transport providedby residence as itemised on the residentialstatement

entertainment, including meals for visitors invitedby residents

physiotherapy, occupational therapy, educationand recreational services, transport where notincluded on the residential statement

personal items to aid mobility, for example,walking frames, walking sticks, special footwear

dry cleaning of residents clothing

any other items not listed as inclusions.

Appendix A: Residential charge Service items:

inclusions and exclusions


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disability services - guidelines for setting and collection of residential changes - community...

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