The Law Handbook 2024

800 Section 8: Disability, mental illness and the law Under the Health Records Act 2001 (Vic), the HC Commissioner deals with complaints about the handling of health information and breaches of privacy in relation to health information in both the public and private sectors and access to health records held by private organisations. (See also ‘Health Records Act’ in Chapter 12.2: Privacy and your rights.) For more information about the HC Commissioner, visit https://hcc.vic.gov.au. For the HC Commissioner’s contact details, see ‘Contacts’ at the end of this chapter. Victorian Disability Services Commissioner The Victorian Disability Services Commissioner (‘ DS Commissioner ’) is an independent oversight body established under the Disability Act. Since 1 July 2019, the DS Commissioner has accepted enquiries and complaints about registered Victorian disability services, including: • Department of Health (Vic) and disability services funded by the Department of Health (Vic); • TAC-funded disability services; and • any complaints about the provision of disability services dated before 30 June 2019 (note that for complaints dated before 30 June 2019, this may include complaints about NDIS-funded disability services and communication with local area coordinators). The DS Commissioner also has oversight of registered Victorian disability services in relation to: • reviewing and investigating incident reports that relate to assault, injury or poor care; • reviewing and investigating the deaths of people who were receiving disability services at the time of their death; • initiating other investigations where there are allegations of abuse or neglect of an individual or that are recurring or systemic; and • providing education and information to the disability sector about responding to abuse and neglect. Note that since 1 July 2019: • the NDIS Quality and Safeguards Commission has had responsibility for complaints about NDIS-funded supports and services; and • the NDIA has accepted complaints about NDIA plans, reviews and early childhood early intervention services. For more information about the DS Commissioner, visit www.odsc.vic.gov.au. For theDSCommissioner’s contact details, see ‘Contacts’ at the end of this chapter. NDIS Quality and Safeguards Commission The NDIS Quality and Safeguards Commission (‘ NDIS Commission ’) is a federal statutory body (established by 2017 legislation) that regulates the quality and safety of NDIS supports and services. The NDIS Commission is responsible for implementing the NDIS Quality and Safeguards Framework. This framework provides a nationally consistent approach to help empower and support NDIS participants to exercise choice and control in relation to the disability supports and services provided to them. The framework also ensures that appropriate safeguards are in place and establishes expectations of providers and their staff to deliver high-quality supports. As at 1 July 2021: • NDIS providers in all Australian states and territories are regulated by the NDIS Commission; • all NDIS providers and workers must abide by the NDIS Code of Conduct; NDIS providers registered by the NDIS Commission must also comply with the NDIS Practice Standards; • registered NDIS providers must meet the NDIS Commission’s requirements under the National Disability Insurance Scheme Act 2013 (Cth) about the management of complaints, incidents, reporting, worker screening, behaviour support and the use of restrictive practices; • any person can complain to theNDISCommission about the quality and safety of NDIS-funded services in the states and territories where the NDIS Commission operates. The NDIS Commission also: • focuses on the education, capacity building and development of people with disability, advocates, NDIS providers and NDIS workers; • facilitates information sharing with the NDIA, state and territory authorities and other Common­ wealth regulatory bodies.