Victorian Current Acts

CRIMES ACT 1958 - SECT 52A

In this Subdivision—

"cognitive impairment" includes impairment because of intellectual disability, dementia, neurological disorder or brain injury;

intellectual disability has the same meaning as in the Disability Act 2006 ;

S. 52A def. of mental illness amended by No. 39/2022 s. 811(a).

"mental illness" has the same meaning as in the Mental Health and Wellbeing Act 2022 ;

S. 52A def. of residential service amended by Nos 19/2019 s. 257(1), 37/2021 s. 389, 9/2023 ss 233, 254.

"residential service" includes—

        (a)     a residential service within the meaning of the Disability Act 2006 ; and

        (ab)     accommodation approved for supervised treatment under section 187 of the Disability Act 2006 ; and

        (ac)     a short-term accommodation dwelling within the meaning of the Disability Act 2006 ; and

        (b)     a supported residential service within the meaning of section 214 of the Social Services Regulation Act 2021 ; and

        (ba)     an SDA dwelling within the meaning of the Residential Tenancies Act 1997 ; and

        (c)     residential care within the meaning of the Aged Care Act 1997 of the Commonwealth;

S. 52A def. of service provider amended by Nos 19/2019 s. 257(2), 39/2022 s. 811(b).

"service provider" includes—

        (a)     a disability service provider within the meaning of the Disability Act 2006 ; and

        (ab)     a registered NDIS provider within the meaning of the National Disability Insurance Scheme Act 2013 of the Commonwealth; and

        (b)     a residential service; and

        (c)     a designated mental health service within the meaning of the Mental Health and Wellbeing Act 2022 ; and

        (d)     a person who, or a body that, delivers treatment or support services to persons with a cognitive impairment or mental illness;

"treatment or support services" means any of the following delivered in a professional capacity—

        (a)     mental health treatment;

        (b)     medical treatment;

        (c)     therapeutic services;

        (d)     personal care or support services;

Example

A worker supporting a person with a cognitive impairment to undertake tasks such as bathing and dressing.

"worker" means a person—

        (a)     who delivers, assists in delivering, or who manages the delivery of, services to persons with a cognitive impairment or mental illness; and

Example

A cook at a supported residential service.

        (b)     who does so for or on behalf of a service provider (whether paid or unpaid); and

Example

A volunteer bus driver for a mental health service.

        (c)     who is not a person with a cognitive impairment or mental illness who receives treatment or support services from that service provider.

S. 52B inserted by No. 47/2016 s. 16.