disability services - guidelines for setting and collection of residential changes - community...
TRANSCRIPT
-
8/13/2019 Disability Services - Guidelines for Setting and Collection of Residential Changes - Community Service Organisations
1/22
Disability Services
Guidelines for setting and collection of residential charges community service organisations
-
8/13/2019 Disability Services - Guidelines for Setting and Collection of Residential Changes - Community Service Organisations
2/22
-
8/13/2019 Disability Services - Guidelines for Setting and Collection of Residential Changes - Community Service Organisations
3/22
Disability Services
Guidelines for setting and collection of residential
charges community service organisations
April 2010
-
8/13/2019 Disability Services - Guidelines for Setting and Collection of Residential Changes - Community Service Organisations
4/22
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
-
8/13/2019 Disability Services - Guidelines for Setting and Collection of Residential Changes - Community Service Organisations
5/22
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
-
8/13/2019 Disability Services - Guidelines for Setting and Collection of Residential Changes - Community Service Organisations
6/22
iv Guidelines for setting and collection of residential charges community service organisations (April 2010)
-
8/13/2019 Disability Services - Guidelines for Setting and Collection of Residential Changes - Community Service Organisations
7/22
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.
-
8/13/2019 Disability Services - Guidelines for Setting and Collection of Residential Changes - Community Service Organisations
8/22
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.
-
8/13/2019 Disability Services - Guidelines for Setting and Collection of Residential Changes - Community Service Organisations
9/22
Guidelines for setting and collection of residential charges community service organisations (April 2010) 3
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.
-
8/13/2019 Disability Services - Guidelines for Setting and Collection of Residential Changes - Community Service Organisations
10/22
4 Guidelines for setting and collection of residential charges community service organisations (April 2010)
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
-
8/13/2019 Disability Services - Guidelines for Setting and Collection of Residential Changes - Community Service Organisations
11/22
Guidelines for setting and collection of residential charges community service organisations (April 2010) 5
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
-
8/13/2019 Disability Services - Guidelines for Setting and Collection of Residential Changes - Community Service Organisations
12/22
6 Guidelines for setting and collection of residential charges community service organisations (April 2010)
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.
-
8/13/2019 Disability Services - Guidelines for Setting and Collection of Residential Changes - Community Service Organisations
13/22
Guidelines for setting and collection of residential charges community service organisations (April 2010) 7
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.
-
8/13/2019 Disability Services - Guidelines for Setting and Collection of Residential Changes - Community Service Organisations
14/22
8 Guidelines for setting and collection of residential charges community service organisations (April 2010)
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
-
8/13/2019 Disability Services - Guidelines for Setting and Collection of Residential Changes - Community Service Organisations
15/22
Guidelines for setting and collection of residential charges community service organisations (April 2010) 9
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.
-
8/13/2019 Disability Services - Guidelines for Setting and Collection of Residential Changes - Community Service Organisations
16/22
10 Guidelines for setting and collection of residential charges community service organisations (April 2010)
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.
-
8/13/2019 Disability Services - Guidelines for Setting and Collection of Residential Changes - Community Service Organisations
17/22
Guidelines for setting and collection of residential charges community service organisations (April 2010) 11
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.
-
8/13/2019 Disability Services - Guidelines for Setting and Collection of Residential Changes - Community Service Organisations
18/22
12 Guidelines for setting and collection of residential charges community service organisations (April 2010)
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
-
8/13/2019 Disability Services - Guidelines for Setting and Collection of Residential Changes - Community Service Organisations
19/22
Guidelines for setting and collection of residential charges community service organisations (April 2010) 13
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
-
8/13/2019 Disability Services - Guidelines for Setting and Collection of Residential Changes - Community Service Organisations
20/22
14 Guidelines for setting and collection of residential charges community service organisations (April 2010)
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
-
8/13/2019 Disability Services - Guidelines for Setting and Collection of Residential Changes - Community Service Organisations
21/22
Guidelines for setting and collection of residential charges community service organisations (April 2010) 15
(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
-
8/13/2019 Disability Services - Guidelines for Setting and Collection of Residential Changes - Community Service Organisations
22/22