Policy, procedures and forms for the registration of ...



0000Policy, procedures and forms for the registration of Department of Health and Human Services funded disability service providers and community services September 2020 457200010172700Department of Health00Department of HealthPolicy, procedures and forms for the registration of Department of Health and Human Services funded disability service providers and community services September 2020To receive this publication in an accessible format phone 03 9096 2745, using the National Relay Service 13 36 77 if required, or email Human Services Standards <hsstandards@dhhs..au>Authorised and published by the Victorian Government, 1 Treasury Place, Melbourne.? State of Victoria, Department of Health and Human Services, September 2020Where the term ‘Aboriginal’ is used it refers to both Aboriginal and Torres Strait Islander people.Available at Registration Requirements for disability service providers page on the Providers website < at Registration Requirements for community service providers page on the Providers website < TOC \h \z \t "Heading 1,1,Heading 2,2" Policy for the registration of disability service providers and community services PAGEREF _Toc41987057 \h 6Definitions PAGEREF _Toc41987058 \h 6Introduction PAGEREF _Toc41987059 \h 8Purpose PAGEREF _Toc41987060 \h 8Regulation PAGEREF _Toc41987061 \h 8Key legislative and policy requirements PAGEREF _Toc41987062 \h 8Obligations of registered providers PAGEREF _Toc41987063 \h 9Who should register? PAGEREF _Toc41987064 \h 9Providers with direct funding from the department PAGEREF _Toc41987065 \h 9In scope registration activities for disability service providers PAGEREF _Toc41987066 \h 10In scope registration activities for community services PAGEREF _Toc41987067 \h 11Application for initial registration PAGEREF _Toc41987068 \h 12Application for registration PAGEREF _Toc41987069 \h 12Demonstration of capacity to comply with the Standards PAGEREF _Toc41987070 \h 12Application for renewal of registration PAGEREF _Toc41987071 \h 12Refusal or revocation of registration PAGEREF _Toc41987072 \h 13Publication and maintenance of the registers PAGEREF _Toc41987073 \h 16Details of the registers available to the public PAGEREF _Toc41987074 \h 16Changes to information on the Register/s PAGEREF _Toc41987075 \h 16Changes to category of registration PAGEREF _Toc41987076 \h 17Procedures for the registration of disability service providers and community services PAGEREF _Toc41987077 \h 18Purpose PAGEREF _Toc41987078 \h 18Procedure 1: Registration of new applicants PAGEREF _Toc41987079 \h 18Procedure 2: Renewal of registration PAGEREF _Toc41987080 \h 19Procedure 3: Reviewing and appealing a decision to refuse or revoke registration PAGEREF _Toc41987081 \h 20Procedure 4: Changes to details on the Register/s PAGEREF _Toc41987082 \h 21Further information PAGEREF _Toc41987083 \h 21Approved forms for disability service providers and community services PAGEREF _Toc41987084 \h 22Application for registration and/or renewal of registration as a disability service provider and/or community service PAGEREF _Toc41987085 \h 22Part 1: Applicant details PAGEREF _Toc41987086 \h 23Part 2: Applicant status PAGEREF _Toc41987087 \h 24Part 3: Accommodation services (if applicable) PAGEREF _Toc41987088 \h 25Part 4: Key Personnel PAGEREF _Toc41987089 \h 26Part 5: Code of conduct for disability service workers (if applicable) PAGEREF _Toc41987090 \h 27Part 6: Service type and experience PAGEREF _Toc41987091 \h 27Part 7: Expertise and experience in the provision of disability supports, or relevant supports, to people with a disability (if applicable) PAGEREF _Toc41987092 \h 28Part 8: Expertise and experience in the provision of children, youth and families supports, or relevant supports, to children, youth and families (if relevant) PAGEREF _Toc41987093 \h 29Part 9: Compliance with the Standards PAGEREF _Toc41987094 \h 30Part 10: Declarations PAGEREF _Toc41987095 \h 31Change and/or removal of information recorded on the register of disability service providers and/or register of community services PAGEREF _Toc41987096 \h 34Appendix 1 Disability Act 2006, Sections 40-48: Registration of disability service providers PAGEREF _Toc41987097 \h 36Appendix 2 Children, Youth and Families Act 2005, Sections 45-57: Registration of community services PAGEREF _Toc41987098 \h 39Policy for the registration of disability service providers and community servicesDefinitionsApproved forms for disability service providers and community services means the forms in this policy which are the approved forms for the purpose of sections 40(4), 42(2) and 47 of the Disability Act 2006 (Disability Act) and sections 46, 50 and 56 of the Children, Youth and Families Act 2005 (CYF Act).Application means relevant approved forms, self-assessment and related documentation required to be submitted in order to apply to be registered as a disability service provider under the Disability Act or as a community service under the CYF Act.Business day means a day not being a Saturday, Sunday or declared public holiday in munity service has the same meaning as in the CYF Act, being:A community service established under section 44; orA body registered under section 46Conditions of registration means conditions or restrictions placed on a disability service provider or community service by the Secretary under the applicable Act. CYF Act means the Children, Youth and Families Act 2005 (Vic).Department means the Department of Health and Human Services.Disability Act means the Disability Act 2006 (Vic).Disability service has the same meaning as in the Disability Act being a service specifically for the support of persons with a disability by a disability service provider. Services and amenities accessed by people with a disability which are generally accessible in the community and not specifically for persons with a disability (for example health, sporting or recreation services) do not constitute disability services. Disability service provider (DSP) has the same meaning as in the Disability Act, being:the Secretary to the department; ora person or body registered on the register of disability service providers.Disability service worker A person engaged by a disability service provider who:provides, or supervises or manages a person who provides, direct support to a person with a disability, andhas direct contact or access to a person with a disability. Independent review means any assessment, audit or review of a DSP or community service conducted by an independent review body and includes assessment of the level of compliance with the Standards and any other matters that the department reasonably requires to be investigated to the Secretary’s satisfaction. Independent review body means a body appointed by the Secretary to conduct an independent review.In scope independent review activities means the activities funded by the department which are in scope of independent review against the Human Services Standards, as specified in the Human Services Standards policy and the department’s Policy and funding guidelines as updated from time to time. In scope registration activities means the activities funded by the department for which registration is required, as specified in the Human Services Standards policy and the department’s Policy and funding guidelines as updated from time to time, and as set out in this policy. Key Personnel means Board of Management members, Directors, Chief Executive Officers, Senior Managers and Members of the Executive.Natural person means a person of at least 18 years of age who has not been declared bankrupt within the last three (3) years.Register(s) means:the register of disability service providers established under section 46 of the Disability Act; and/orthe register of community services established under section 54 of the CYF Act. Secretary means the Secretary to the department. In this policy, where a power of the ‘Secretary’ is referred to, this is also a reference to that power exercised by the Secretary’s delegate/s.Self-Assessment means the online self-assessment completed by a disability service provider and/or community service not required to undertake an independent review or applying for initial registration.Service Agreement means a funding agreement between the department and a DSP or community service for the provision of services to the community on behalf of the department, subject to certain service requirements, terms and conditions.Standards means the Human Services Standards (gazetted as the Department of Health and Human Services Standards), including the governance and management standards of organisation’s chosen department appointed independent review body.Standards and Regulation means Standards and Regulation in the Human Services Regulator Unit, Health and Human Services Regulation and Reform Branch, Regulation, Health Protection and Emergency Management Division of the department, which manages compliance with the Standards and registration functions of the Secretary, the contact details for which are included in this document. IntroductionPurposeThe Standards and Regulation team, in the Human Services Regulator Unit is responsible for administering legislation that aims to protect the Victorian community accessing human services. This policy sets out the Secretary’s requirements for registration of DSPs and community services under the Disability Act and/or the CYF Act respectively.RegulationRegulation is about compliance with the law, and regulatory decisions must be:lawfulimpartial (for example not made under dictation)evidence based and reasonable – taking into account relevant information and ignoring irrelevant mattersmade following due process (for example according natural justice and adhering to any statutory procedural requirements) accountable and transparent – clear and cogent reasons must be given for regulatory decisions.The Director, Human Services Regulator Unit regulates DSPs and community services funded or registered by the department. The Director, Human Services Regulator Unit is responsible for administering legislation (Children Youth and Families Act 2005 and the Disability Act 2006) that aims to protect the Victorian community and those accessing human services. Under these Acts, DSPs and community services are required to meet the Human Services Standards.The department’s compliance, monitoring and enforcement role is essential to help achieve the objectives of regulation; minimise harm, manage risk and help achieve positive outcomes for individuals, groups and society as a whole. The Director, Human Services Regulator Unit interacts with a broad range of stakeholders to help deliver outcomes, share intelligence, and to identify and act on non-compliance. Further information regarding the department’s regulators is available from the Better Regulatory Practice Framework page <; on the Department of Health and Human Services website.Key legislative and policy requirementsThe key legislative and policy requirements underpinning this policy include:Registration is required for providers that have a Service Agreement with the department to deliver in scope registration activities. Providers must deliver services to people who reside in Victoria to be eligible for registration.An application for registration as a DSP under the Disability Act must be made in the name of a legal entity or natural person. An application for registration as a community service under the CYF Act must be in the name of a body corporate. Body Corporate does not include natural persons or unincorporated entities.Providers that apply for initial registration as a DSP or community service will be required to demonstrate their capacity to deliver services in compliance with the Standards. DSPs or community services that apply for renewal of registration will be required to demonstrate their compliance with the Standards.Registration will be for a period of three (3) years, unless revoked earlier. In exceptional circumstances, the Secretary may exercise discretion to grant DSPs registration for a period greater than three (3) years. The Secretary may at any time impose any conditions or restrictions on the registration, or renewal of registration, of a DSP or community service. An application for renewal of registration must be received by the department no later than sixty (60) business days prior to the expiry of the DSP’s or community service’s current registration to allow time for the application to be assessed. Applications received after this time may not be assessed by the Secretary prior to the expiry date of the DSP’s or community service’s current registration and their registration may lapse. The application must include evidence of the DPS’s or community service’s compliance with the rmation regarding the registration, or the renewal of registration, of a DSP, including but not limited to information relating to any conditions or restrictions imposed on a DSP by the Secretary, will be provided to the Victorian Disability Services Commissioner.Obligations of registered providersRegistered DSPs must:comply with the Disability Act including their obligations with respect to complaints, Community Visitors and restrictive interventions; comply with the Standards; comply with any conditions or restrictions on registration imposed by the Secretary; andnotify the Secretary, care of the Director, Human Services Regulator Unit, Regulation, Health Protection and Emergency Management Division (within fourteen (14) days) of any changes to its details on the register of disability service providers (Register), or of information to be removed from the Register.Applications not received within 14 days may incur a Penalty: 10 penalty units.A registered community service must:comply with the CYF Act;comply with the Standards; comply with any conditions or restrictions on registration imposed by the Secretary; andnotify the Secretary, via the Director, Human Services Regulator Unit, Regulation, Health Protection and Emergency Management Division (within fourteen (14) days) of any changes to the details on the register of community services (Register) or information to be removed from the Register.Applications not received within 14 days may incur a Penalty: 10 penalty units.Who should register?Providers with direct funding from the departmentWhere the department is prepared to enter into a Service Agreement with a provider for the delivery of in scope registration activities, the provider must be registered as a DSP or community service under the relevant Act prior to the commencement of services. Providers that receive funding for in scope registration activities that do not provide direct client services, may, with the Secretary’s approval, be exempt from the requirement to register under the Disability Act and/or CYF Act (as applicable). Exceptions to this requirement include:Where a service provider is registered as a DSP or community service and provides in scope activities under a different business name (but the same legal entity), the service provider must notify the department of the business name that will also be included on the Register. Where in scope activities are to be provided by a separate legal entity, this entity must apply for separate registration under the relevant Act/s. A community service that is paid on invoice by the department to deliver out-of-home care contingency placements. Although it may not have a Service Agreement, the entity will be required to register as a community service prior to the commencement of services. In scope registration activities for disability service providers In scope activities requiring registrationThe following activities are considered to be specifically for the support of persons with a disability. DSPs funded to deliver any of these activities require registration as a DSP:Behaviour Intervention Services (17026)Case Management (17028)Community Based Respite (17078)Criminal Justice Services (17006)Facility-Based Respite (17019)Flexible Support Packages (17034)Futures for Young Adults (17201) Independent Living Training (17023)Individual Support Packages (including facilitation) (17081) (only where funded through a Service Agreement)Multiple and Complex Needs Initiative (17250)Outreach Support (17008)Planning (17252) Recreation (17035)Supported Accommodation (17016)At its discretion, the department may change the activities which require registration from time to time. In scope registration activities for community services In scope activities requiring registration (community services)The following activities are considered to be specifically for the support of children requiring care, support, protection or accommodation and of families requiring support. Community services funded to deliver these activities require registration as a community service:Community-based child and family servicesAboriginal Child Specialist Advice and Support Services (ACSASS) (31263) Aboriginal Community Controlled Organisation Services - Family and Community Services (31260)Early Parenting Centre Services (31256)Early Parenting Centres - Parenting Assessment and Skill Development Services (31259)Flexible Funding (31437)Individual, Child and Family Support (31435)Intake and Access (31434)Parenting Assessment and Skills Development Services (31255)Placement Prevention Programs (31218)Sexually Abusive Behaviour Treatment Services (38020)Specialised Interventions (31438)Support and Safety Hubs - Service Delivery (38010)Support and Safety Hubs - Integrated Practice Support (38011)Support and Safety Hubs - Flexible Funding and Brokerage (38012)Out of home care services Educational Support - Children in Residential Care (31219)Flexible Funding - Better Futures (31292)Home Based Care - Adolescent Community Placement (31205) Home Based Care - Complex (31216)Home Based Care - General (31214)Home Based Care - Intensive (31418)Home Based Care - Kinship Care (31202)Home Based Care - Therapeutic Foster Care (31413)Individual Child and Family Support - Better Futures (31290)Intake and Access - Better Futures (31289)Intensive Treatment Services (31163)Lead Tenant (31188)Out of Home Care - Targeted Care Packages (31209) Residential Care (31415)Residential Care - Case Management (31416)Specialised Interventions - Better Futures (31293)System Enablers - Better Futures (31291)At its discretion, the department may change the activities which require registration.Application for initial registration Application for registrationA provider may become a registered DSP and/or community service by making an application to the Secretary using the Application for registration and/or renewal of registration as a disability service provider and/or community service form. Applicants are only required to submit one application form, regardless of the number or types of services provided.Demonstration of capacity to comply with the Standards When applying for initial registration as a DSP and/or community service, a provider will be required to undertake a self-assessment to demonstrate its capacity to comply with the Standards. The department may request the provider submit additional evidence for the purpose of assessing whether the provider satisfies the registration requirements for a DSP and/or community service.Where a provider does not demonstrate its capacity to comply with the Standards, the Secretary may refuse the application for registration. A self-assessment may not be required where a provider holds current accreditation against the Standards. A newly registered DSP and/or community service will be required to undertake an independent review and achieve accreditation against the Standards within twelve (12) months of its registration being granted. Providers may be exempt from an independent review within twelve (12) months if they hold accreditation against the Standards. Where a newly registered provider holds current accreditation against the Standards, the department may require it to vary its accreditation cycle in order to ensure compliance with the Standards for new in scope department funded activities. An independent review must be undertaken at the DSP’s and/or community service’s own expense by a department endorsed independent review body.Application for renewal of registrationWhen to renewAn application for renewal must be received by the department no later than sixty (60) business days prior to the expiry of the DSP’s and/or community service’s current registration to allow time for the application to be assessed. Applications received after this time may not be assessed prior to the expiry date of the DSP’s or community services’ current registration expiry and the DSP’s and/or community services’ registration may lapse.Providers that deliver both disability and community services should apply to renew their registration as a DSP and community service by lodging an Application for registration and/or renewal of registration as a disability service provider and/or community service form, no later than sixty (60) business days prior to the expiry of their current registration as a DSP or community service (whichever comes first). Applications received after this time may not be assessed by the Secretary prior to the expiry of the DSP’s or community services’ current registration, in which case the provider’s registration will lapse. An application for renewal of registration cannot be made after a DSP’s or community services’ registration has expired.Demonstration of compliance with the Standards To apply for renewal of registration, providers must complete an Application for registration and/or renewal of registration as a disability service provider and/or community service form and demonstrate compliance with the Standards. Compliance may be evidenced by:successful accreditation against the Standards following an independent review (applications must include the submission of the most recent review report)maintenance of accreditation following a mid-cycle review/surveillance audit (applications must include the submission of the most recent review report) orif approved by the department, a self-assessment against the Standards. The self-assessment must include all in scope activities.Prior to any decision to renew registration, the department may:consider the DSP’s or community services’ performance against legislative and departmental program requirements; and request the DSP or community service to provide additional evidence.Period of renewed registrationRenewal of registration will be for a period of three (3) years, unless revoked or extended. In exceptional circumstances, the Secretary may exercise discretion to grant DSPs registration for a period greater than three (3) years. Non compliance with the StandardsWhere a DSP or community service cannot demonstrate compliance with the Standards at the time of applying to renew its registration, the Secretary may refuse the application and commence the process of revoking registration.Refusal or revocation of registration will result in the provider’s details being removed from the relevant register/s. The provider’s name, the date the provider’s registration lapsed or was revoked, and the reasons for the provider’s registration lapsing or being revoked, will be inserted on the revoked-lapsed registration section of the relevant register/s. Following refusal or revocation of registration as a DSP or community service, a provider may reapply for registration under the Disability Act and/or CYF Act. Refusal or revocation of registration Refusal of an application/renewal for registrationA provider’s application for registration or renewal of their registration as a DSP or community service may be refused if the provider:fails to demonstrate its capacity to deliver services in compliance with the Standards (for initial registration);fails to demonstrate its compliance with the Standards or fails to achieve accreditation against the Standards (for renewal of registration);fails to comply with any conditions or restrictions of registration; has ceased to provide the relevant services or the department has ceased providing funding; or is not providing services to any persons who live in Victoria.Revocation of registrationIn accordance with section 43(3) of the Disability Act, the Secretary must revoke a DSP’s registration if it ceases to provide disability services. In accordance with sections 43(1) and (2) of the Disability Act, the Secretary may revoke the registration of a DSP if:(1)The Secretary may revoke the registration of a disability service provider if:(a) the disability service provider has made a written application to the Secretary for the registration to be revoked; or (b) the disability service provider is a registered NDIS provider and (i) has not received or has ceased receiving funds for the provision of disability services under this Act; or (ii) is not a party to a contract with the Secretary under section 10 to provide services to a person with a disability; or (c) in any other case, the Secretary considers it appropriate to do so.(2) For the purposes of subsection (1), the Secretary may have regard to the following:(a) the Secretary has ceased providing funding to the disability service provider;(b) the Secretary has terminated a contract with the disability service provider for the provision of disability services;(c) the disability service provider has failed to comply with requirements under this Act;(d)any other circumstances that the Secretary considers relevant.The DSP will be requested by the department to destroy its certificate of registration under the relevant Act and must not purport to be or make any representations that it is registered as a DSP under the Disability Act.In accordance with section 44 of the Disability Act, DSPs whose registration has been revoked must give persons to whom it provides disability services a written notice containing any information required by the Secretary. In accordance with sections 51(1) and (2) of the CYF Act, the Secretary may revoke registration where: the Secretary has ceased funding the community service; the Secretary has terminated a contract with the community service;the community service has failed to comply with the requirements of the CYF Act (including, but not limited to, where an administrator has been appointed pursuant to section 67 of the CYF Act); andin any other circumstances the Secretary considers relevant (for example, the provider has not adhered to conditions or restrictions placed on registration or in order to commence a new registration period).The community service will be requested by the department to destroy its certificate of registration under the relevant Act and must not purport to be or make any representations that it is registered as a community service under the CYF Act.Notice before refusal or revocation of registrationWhere the Secretary is considering refusing or revoking the registration of a DSP or community service, the department may, as appropriate, discuss with the provider available options to achieve or maintain registration which may include the decision to attach conditions to registration (not applicable to initial registration). Where the Secretary determines to refuse or revoke registration, the Secretary will issue the DSP or community service with a notice:including reasons for the proposed decision; andadvising that it has the right to make a new submission in writing to the department within fourteen (14) days of the notice being given. This submission can be in any commonly accepted written form from an authorised person that may be kept as an official record for example, a letter or email.Before deciding, the Secretary will consider any submission and inform the provider in writing of the decision and the reasons for that decision. Where the Secretary decides to revoke a DSP’s or community services’ registration under the applicable Acts, the department will remove the provider’s details from the relevant registers. The provider’s name, the date that the provider’s registration lapsed or was revoked, and the reasons for the provider’s registration lapsing or being revoked, will be inserted on the revoked-lapsed registration section of the relevant register.Appealing the decision to refuse/revoke registrationThe provider may apply to the Victorian Civil and Administrative Tribunal (VCAT) for a review of the Secretary’s decision to refuse/revoke the provider’s registration(s). Such application must be made to VCAT within twenty-eight (28) days of the later date of:the day that the Secretary made the decision; or if, under the Victorian Civil and Administrative Tribunal Act 1998 (Vic) (VCAT Act), the provider requests to be provided with a statement of reasons in relation to the Secretary’s decision, the day on which:the statement of reasons is given to the provider; or the date the provider is informed under section 46(5) of the VCAT Act that a statement of reasons will not be given. VCAT may affirm or overturn the Secretary’s decision to refuse or revoke registration or return the matter to the Secretary for reconsideration.Where VCAT upholds the applicant’s appeal and registration is granted as a result, the provider’s details will be added to the relevant register. Where VCAT rejects the applicant’s appeal, the decision to refuse or revoke registration, will stand. Section 45 of the Disability Act precludes DSPs making an appeal to VCAT where registration was revoked under sections 43(1) (a) or (b).Future applications for registrationFollowing a decision to refuse or revoke registration, it is open to a provider to re-apply for registration as a DSP and/or community service. A subsequent application is only likely to be successful if the reasons for refusal or revocation have been addressed and evidence is submitted to satisfy the criteria for registration. Publication and maintenance of the registersDetails of the registers available to the publicIn accordance with the Secretary’s obligations under the Disability Act and CYF Act, the registers will be available to the public on the department’s website.Details available to the public in the Registers include:Name:The name of the legal entity or natural person. Any business name/s of the legal entity used by the provider under which any in scope registration activities are being provided (if applicable).Address:The street and postal address of the legal entity or natural person. Contact information:Contact information for the provider including phone and email.Category of registration: As applicable to registered DSPs and community services.Revocation dateThe date registration was revoked. (where applicable):Reason for revocation: The reason for revocation, which may include, for example: ‘no longer funded’, ‘change of legal entity’, ‘no longer providing in scope registration groups’, ‘commenced new period of registration’, ‘failed to meet Standards’, ‘failed to meet conditions of registration’.Condition/s of registrationThe details of conditions or restrictions, date applied and timelines for compliance with conditions placed on the registration of the DSP or community service. The types of condition/s may relate but are not limited to: failure to meet the four service delivery standards or governance and management standards. Conditions may relate to governance, financial management, human resources (safety screening checks), fire risk management, service delivery, quality, risk management and /or records management.The registers are, from the date of publishing, located on the Registration requirements for disability service providers page <; and the Registration requirements for community services providers page <; on the Providers website.Changes to information on the Register/sA registered DSP or community service must notify the department in writing within fourteen (14) days of any changes to, or the removal of, any details kept on the registers. A penalty of 10 penalty units applies if the department is not notified within 14 days. Such notification may be provided to the department by:submitting a Change and or removal of information recorded on the register of disability service providers and/or register of community services form; orsending: a letter from the provider’s authorised representative on the provider’s letterhead an email from the provider’s authorised representative; or any other commonly accepted written form from the provider’s authorised representative that can be kept as an official record.The registers are regularly updated to ensure that the lists of registered DSPs and community services available to the public are current. Please note that it is in the Secretary’s discretion to determine if conditions imposed on a DSP’s or Community Service’s registration have been complied with and they will not be removed from the Register/s until the Secretary is satisfied that the conditions have been complied with.Changes to category of registration A DSP/community service must lodge an Application for registration as a disability service provider and/or community service form where any changes to its funding/registration arrangements with the department requires a change to its category of registration. For example, an out-of-home care provider which secures funding from the department to deliver community-based child and family services must lodge an Application for registration and/or renewal of registration as a disability service provider and/or community service form for approval to change its category of registration to include community-based child and family services. A registered DSP/community service is required to inform the Director, Human Services Regulator Unit, using the correct form, of any proposed changes to its category of registration within fourteen (14) days.Procedures for the registration of disability service providers and community servicesPurposeThe purpose of these procedures is to provide DSPs and community services with information on how to:apply for registration and renewal of registrationrespond to a notice of intent to refuse or revoke registrationappeal a decision to refuse or revoke registrationchange their details on the relevant Registers andremove their details from the relevant Registers.Procedure 1: Registration of new applicants Applying for registrationTo apply for registration, an applicant will need to undertake the following steps:Complete an application form using the Application for registration and/or renewal of registration as a disability service provider and/or community service form. Send the completed application form to the department’s Director, Human Services Regulator Unit, Regulation, Health Protection and Emergency Management Division. Await written notice from the Director, Human Services Regulator Unit as to the outcome of the application. The applicant may be asked to provide additional information to support the application and enable the assessment to be completed. The outcome of the application will be either a:Notice of registration (specifying conditions where necessary) with Certificate of registration, orNotice of intent to refuse registration.Where the applicant receives a Notice of registration:this means that registration has been granted, andthe successful applicant can commence the delivery of services.The successful applicant’s details will be added to the relevant register/s.Where the applicant receives a Notice of intent to refuse registration:the applicant can within fourteen (14) days of the date of the notice provide additional information to the department to support the initial application. The department may, in its absolute discretion, provide an extension of this time;where this is not received, the Secretary will make the decision based on the information the department has, and most likely issue a Notice of refusal of registration; where further information is received, this will be considered before the decision is made; andthe applicant may lodge an appeal to VCAT. Refer to Procedure 3 - Reviewing and appealing a decision to refuse or revoke registration. Where a Notice of refusal of registration is issued, the details of the applicant will not be entered on the register/s. The applicant may appeal to the Secretary and to VCAT. Refer to Procedure 3 - Reviewing and appealing a decision to refuse or revoke registration (below). Procedure 2: Renewal of registrationWho should use this procedure?An application form for renewal of registration will only be relevant for registered DSPs and community services that intend to continue to deliver in scope registration activities.Steps for renewing registrationTo apply for renewal of registration, an applicant will need to undertake the following steps:Registered DSPs or community services that apply to renew their registration will be required to demonstrate their compliance with the Standards.Applicants must complete an application form for renewal of registration using the Application for registration and/or renewal of registration as a disability service provider and/or community service form. An application form for renewal must be received by the department no later than sixty (60) business days prior to the expiry of a DSP’s or community services’ current registration. Applications received after this time may not be considered and the DSP’s or community services’ registration may lapse. Where a provider delivers both, disability and community services, an application form for renewal must be received, no later than sixty (60) business days prior to the expiry of their registration as a DSP or community service (whichever comes first).Send the completed application form to the department’s Director, Human Services Regulator Unit, Regulation, Health Protection and Emergency Management Division.Await written response from the Director, Human Services Regulator Unit as to the outcome of the application for renewal. This will be either in the form of a:Notice of renewal of registration (specifying any conditions where necessary), orNotice of intent to refuse renewal of registration.Where the applicant receives a Notice of registration, the applicant may continue to provide services as per the terms of the renewal.Where the applicant receives a Notice of intent to refuse registration: the applicant can within fourteen (14) days of the notice, provide additional information to support the initial application. The department may, in its absolute discretion, provide an extension of this time to submit any additional information;where this is not received, the Secretary will make the decision based on the information it has, and issue a Notice of refusal of registration and will remove the DSP’s and/or community services’ details from the Registers (as applicable);where further information is received, this will be considered before the decision is made;the applicant may lodge an appeal to VCAT. Refer to Procedure 3 - Reviewing and appealing a decision to refuse or revoke registration (below). Where a Notice of refusal of registration is issued, the provider’s details will be removed from the Register/s. The provider’s name, the date that the provider’s registration lapsed or was revoked, and the reasons for the provider’s registration lapsing or being revoked, will be inserted on the revoked-lapsed registration section of the Register. The department will also notify the NDIA if applicable.Procedure 3: Reviewing and appealing a decision to refuse or revoke registrationSteps for appealing a decision Where an applicant receives a notice of intention to refuse or revoke registration, the following steps may be undertaken:If the applicant receives a notice from the department which contains a notification of intent to refuse or revoke registration, the applicant may, within fourteen (14) days of receiving this notice, submit further information as evidence of eligibility for registration. The department may, in its absolute discretion, grant the applicant an extension of this time in which the applicant may submit additional information. This submission can be in any commonly accepted written form from an authorised representative of the applicant that may be kept as an official record for example, a letter or email. Submissions must be made to the department’s Director, Human Services Regulator Unit, Regulation, Health Protection and Emergency Management Division. If a submission is made, the applicant should await written advice from the department as to the outcome of the submission. The applicant will receive a:Notice of registration/renewal, orNotice of refusal of registration/renewal, orNotice of revocation of registration.If no submission is made to the department within fourteen (14) days, and the department has not granted the applicant an extension of time to submit additional information, the Secretary will make a decision based on the information available to it, and refuse or revoke registration. If the applicant receives a notice advising that its application for registration has been refused or revoked, the applicant may apply to Victorian Civil Administrative Tribunal (VCAT) for a review of that decision, within twenty-eight (28) days of the later of: the later date of:the day that the Secretary made the decision; or if, under the Victorian Civil and Administrative Tribunal Act 1998 (Vic) (VCAT Act), the provider requests to be provided with a statement of reasons in relation to the Secretary’s decision, the day on which:the statement of reasons is given to the provider; or the date the provider is informed under section 46(5) of the VCAT Act that a statement of reasons will not be given. The applicant should contact VCAT for further information on this process. Should the VCAT uphold the applicant’s appeal and registration is granted as a result, the DSP’s and/or community services’ details will be added to the relevant register.Should the VCAT reject the applicant’s appeal, the decision to refuse registration or renewal of registration will be confirmed.Where an applicant’s registration as a DSP and/or community service has been revoked or not renewed, regardless of whether an appeal is lodged, the provider may re-apply for registration. Such application is unlikely to succeed unless the original reasons for refusal/revocation have been addressed and evidence is submitted to satisfy the criteria for registration.Procedure 4: Changes to details on the Register/sSteps for informing the department of changes to information on the RegistersRegistered DSPs or community services are required to notify the department’s Director, Human Services Regulator Unit, Regulation, Health Protection and Emergency Management Division, in writing within fourteen (14) days, of any changes to their details, as recorded on the Registers. A penalty of 10 penalty units applies if the department is not notified within 14 days. This can be done either by:submitting a Change and or removal of information recorded on the register of disability service providers and/or community service form, orsending:a letter from an authorised representative of the registered provider on the provider’s letterheadan email from an authorised representative of the registered provider, or any other commonly accepted written form from the registered provider’s authorised representative that can be kept as an official record.Steps for informing the department of removal of information from the RegistersRegistered DSPs and community services are required to notify the department’s Director, Human Services Regulator Unit, Regulation, Health Protection and Emergency Management Division, in writing within fourteen (14) days, of any request to remove their information as recorded on the registers.This can be done either by:submitting a Change and or removal of information recorded on the register of disability service providers and/or register of community service form; orsending:a letter from an authorised representative of the DSP or community service on the provider’s letterheadan email from an authorised representative of the DSP or community service, or any other commonly accepted written form from an authorised representative of the DSP or community service that can be kept as an official record.Further informationShould there be any questions regarding this documentation, contact:Standards and Regulation Team, Human Services Regulator Unit Regulation, Health Protection and Emergency Management DivisionDepartment of Health and Human ServicesTel: 03 9096 2745Email Human Services Standards <hsstandards@dhhs..au>Approved forms for disability service providers and community servicesApplication for registration and/or renewal of registration as a disability service provider and/or community service Information for applicantsThis form and the policy and procedures for the registration as a disability service provider (DSP) or community service may be accessed from the Department of Health and Human Services’ (department) website.Currently, there are no fees associated with making an application for registration or renewal of registration as a DSP or community service.Only one application form for registration or renewal of registration is required per provider. Providers applying for initial registration are required to submit a completed self-assessment along with the file audit tool, and other applicable information to demonstrate capacity to meet the Human Services Standards (gazetted as Department of Health and Human Services Standards) (Standards). DSPs and community services are required to apply for renewal of registration as a DSP and/or community service by lodging an Application for registration and/or renewal of registration as a disability service provider and/or community service form. Application forms to renew registration must be received no later than sixty (60) business days prior to the expiry of the provider’s current registration as a DSP or community service (whichever comes first). Application forms received after this time may not be assessed prior to the expiry date of the DSP’s or community services’ current registration and the DSP’s and/or community services’ registration may lapse. All questions in this application must be answered unless otherwise advised by the department. The signature of the person making the application must be recorded and witnessed where indicated on the form.Please ensure you are satisfied your application and all required documentation is complete before notifying the Director, Human Services Regulator Unit.An application is considered complete when it contains all the required information as detailed in this policy and as set out in the self-assessment.Where an incomplete self-assessment is submitted the department may assess the application on the information provided.For further information, contact the Standards and Regulation team in the Human Services Regulator Unit on (03) 9096 2745 or email Human Services Standards <hsstandards@dhhs..au> or visit the Human Services Standards page, on the Providers website.Submit the completed form to the department’s Director, Human Services Regulator Unit, Regulation, Health Protection and Emergency Management Division, by or email Human Services Standards <hsstandards@dhhs..au>. Part 1: Applicant detailsThe ApplicantThe following details may be published on the department’s website Register/s. By completing this application, you consent to the following details being included on the Register/s. The application must be made by an authorised officer of the organisation. Insert the title, full name and position of the person making the application (including title e.g. Mr, Ms)Insert the full legal entity name of the providerInsert the full name of the Chief Executive Officer/Director (including title e.g. Mr, Ms, Mrs, Dr or Other)Insert and attach a copy of ABN or ACN Insert and attach a copy of Australian Securities and Investments Commission (ASIC) check (if applicable)Insert website address or attach a brochure or similar document that outlines the services you are or will be providing.Insert the street address of the legal entity Insert the postal address of the legal entity For natural persons, insert the residential street address For natural persons, insert the postal addressInsert addresses of all sites from which department funded activities are/will be delivered Site addressFunded activitiesInsert the contact details of the provider Telephone numberEmail addressOfficer in Charge – Name(including title e.g. Mr, Ms, Mrs, Dr or Other)Officer in Charge - PositionPart 2: Applicant status2.1Current category of registrationIndicate the current category of registration by ticking the appropriate box. All current categories must be selected.Indicate the current category of registration Disability service provider [under the Disability Act 2006 (Vic)] Department of Health and Human ServicesOut-of-home care [Category A under the Children, Youth and Families Act 2005 (Vic)]Community-based child and family services [Category B under the Children, Youth and Families Act 2005 (Vic)]Not applicable2.2Category of registration to be registeredIndicate the category to be registered by ticking the appropriate box. All relevant categories must be selected.Category of registration applying forDisability service provider [under the Disability Act 2006 (Vic)]Out-of-home care [Category A under the Children, Youth and Families Act 2005 (Vic)]Community-based child and family services [Category B under the Children, Youth and Families Act 2005 (Vic)]2.3Does the Applicant hold a Service Agreement with the department to deliver in scope registration activities or a commitment in writing from the department that it is prepared to execute a Service Agreement? No Yes (evidence attached) or Contingency (invoicing for Out of Home Care) (evidence attached)Attach evidence that the Applicant holds a services agreement with the department, has a commitment from the department that it will enter into a service agreement or has agreement from the department to provide contingency placements (as applicable).Note: An Applicant which does not hold a Service Agreement with the department cannot be registered under the CYF Act or Disability Act.2.4Are/will any of the in scope registration activities be delivered by the Applicant under a different business / trading name? Yes (see below) NoIf yes, list the names and contact details of each business / trading name and the activities delivered (or to be delivered) by each business name by Department of Health and Human Services division2.5Are/will any of the in scope registration activities be delivered by a sub-contracted agency? Yes (see below) NoFor department funded activities, has the department approved the sub-contractingarrangements? Yes (see below) (evidence attached) NoPlease provide for each sub-contractor:confirmation of pre-approval from the departmentdetails of the legal entity name, street and postal address and contact details of all the sub-contractors registered activities to be sub-contracted confirmation that the sub-contracted services, including client and staff file audits, will be included in the DSP or community service’s independent review against the Standards. 2.6Which Department of Health and Human Services division/s does the Applicant propose to deliver in scope registration activities?Indicate the division/sfor delivery of in scoperegistration activities.DivisionFunded activitynumber/s(as per the department’sService Agreement)NorthSouthEastWestPart 3: Accommodation services (if applicable)3.1 Is your organisation providing or intending to provide accommodation services? Yes (see below) No Disability Out of home careService details: only complete this section if you provide or intend to provide accommodation services (this table is required to be completed for every service site address)Insert service site addressIs this site specialising in services for a particular client or client group? For example, services for people with disability or complex behaviour support needs. Number of clients to be provided accommodation at this address.Number of beds provided at this address.Is the accommodation provided at this service site short stay, long stay (including respite), long stay/ residential or other (if other please give description)?Is the accommodation privately owned or leased? Please provide details.Is the accommodation owned by a not for profit community organisation?Will the accommodation include provision of support (for example assistance with daily living)? Will rostered support be provided at this service site? If yes, please provide details. For example: 24 hour rostered support, sleep over, active nights.Will the support be provided by the same entity as the accommodation owner (or lease holder if the accommodation is leased)?Part 4: Key PersonnelProvide details of key personnel including full name, job title and date of birthFull nameJob Title (for example Chief Executive Officer, Director, Chairperson, Manager, etc)Date of BirthPart 5: Code of conduct for disability service workers (if applicable)In making this application I:5.1. declare a commitment to the principle of zero tolerance of abuse as described in the Disability Act to provide services in a manner that:promotes the upholding of the rights, dignity, wellbeing and safety of people with a disability; anddoes not:- tolerate abuse, neglect or exploitation of persons with a disability, or - normalise abuse, neglect or exploitation of persons with a disability (code of conduct). 5.2. will ensure that all disability service workers are aware of and understand the principle of zero tolerance of abuse of people with a disability, their obligations under the code of conduct for disability service workers, and sign a declaration acknowledging their agreement to abide by the obligations. Yes (sign below in section 10) Not Applicable (I am not currently providing disability services)Part 6: Service type and experience6.1 What type of disability services are you currently providing or intending to provide (if applicable):With reference to the department’s in scope registration activities for DSPs, describe the services to be delivered. 6.2 What type of children, youth and family services are you currently providing or intending to provide (if applicable):With reference to the department’s in-scope registration activities for community services, describe the services to be delivered. Part 7: Expertise and experience in the provision of disability supports, or relevant supports, to people with a disability (if applicable)This section is not relevant for renewal of registration applications.Experience means the Applicant being able to demonstrate that it, and where applicable, its Key Personnel possess:relevant qualifications (supported by documented evidence of the completion of such qualifications to the department’s satisfaction); andthe requisite demonstrable experience,that relates to the provision of services for persons with a disability.In responding to this, please indicate:7.1Experience in providing disability supports, or relevant supports, to people with a disability?7.2 What is your understanding of disability and the support needs of people with a disability? Not Applicable (I am not currently providing or registering to provide disability services) Copies of qualifications attachedPart 8: Expertise and experience in the provision of children, youth and families supports, or relevant supports, to children, youth and families (if relevant)This section is not relevant for renewal of registration applications.Experience means the Applicant being able to demonstrate that it, and where applicable, its Key Personnel possess:relevant qualifications (supported by documented evidence of the completion of such qualifications to the department’s satisfaction); andthe requisite demonstrable experience,that relates to the provision of services for children, youth and families.In responding to this, please indicate:8.1Experience in providing supports, or relevant supports, to children, youth and families?8.2What is your understanding of the support needs of the children, youth and families you intend to deliver services to?? Not Applicable (I am not currently providing or registering to provide supports to children, youth and families)? Copies of qualifications attachedPart 9: Compliance with the Standards9.1Has the Applicant and/or its business name and/or sub-contracted agencies undertaken a self-assessment or independent review against the Standards? NB If the self-assessment was completed by a person external to the organisation (e.g. consultant or franchise), ensure they complete part 10.2 below. Yes (see below and provide suitable evidence for example, certificate of accreditation/report) NoName of organisation/business name/sub-contracted agency Date of self-assessmentDate of independentReview (if applicable)Name of independent review body (if applicable)Date achieved compliance with Standards (if applicable)Part 10: Declarations10.1Declaration of applicantIn making this Application I:declare that the information contained in this application is true and correct; authorise the department to make enquiries to establish the truthfulness of the information provided in this application and to seek any other information that the department considers necessary for the purposes of making a decision on the application;understand that the Applicant is required to comply with the obligations under the Disability Act 2006 (Vic) and/or Children Youth and Families Act 2005 (Vic) and any conditions placed on the Applicant’s registration by the Secretary (where applicable) detailed in the Policy, procedures, forms for the registration of disability service providers and community services;agree to the Secretary revoking the current period of registration (as applicable) in order to commence a new period of registration;understand that the department may:undertake checks relating to the Applicant and its Key Personnel (where applicable), against information held in any of the department’s databases including, but not limited to:the Disability Worker Exclusion List maintained under the Disability Worker Exclusion Scheme; disqualified out of home carers;quality of care investigations; the Client Incident Management System; andthe Supported Residential Services – Compliance Registration Administration and Monitoring System (SRS – CRAMS)require the Applicant, and where applicable its Key Personnel, to obtain and submit to the department Police Record Checks, and;contact the Applicant and/or its Key Personnel in relation to the results of such checks;where applicable, warrant that the Applicant has obtained the requisite consents from the Applicant’s Key Personnel authorising:the provision of Key Personnel’s information to the department; the department to use such information to undertake checks against information held in the department’s databases as described above; and where required, the department to contact relevant Key Personnel in relation to the results of such checks;declare that neither the Applicant or any of the Applicant’s Key Personnel (where applicable) have been or are currently, the subject of any investigation or disciplinary proceedings involving harm, abuse, sexual misconduct or any other questionable behaviour against a person;agree that the Applicant will immediately notify the department if the Applicant becomes aware that any of the information contained in this Application changes, including but not limited to, if the Applicant or the Applicant’s Key Personnel become subject to an investigation relating to behaviour against a person or any criminal charge;declare a commitment to the principle of zero tolerance of abuse as described in the Disability Act 2006 (Vic), sections 5(3)(ma) and (mb), to provide services in a manner that promotes the upholding of the rights, dignity, wellbeing and safety of people with a disability and does not tolerate or normalise abuse, neglect or exploitation of people with a disability;will ensure that all disability service workers are aware of and understand the principle of zero tolerance of abuse of people with a disability and their obligations under the code of conduct for disability service workers, and that they sign a declaration acknowledging their agreement to abide by the obligations;acknowledge the Applicant’s registration under the Disability Act and/or CYF Act is specific to the in scope registration groups understand and agree that a copy of the registration letter and any other relevant information about the Applicant may be shared between the department and the Disability Services Commissioner (where applicable);acknowledge and agree that the department may visit and inspect the Applicant’s premises, in order to satisfy the Secretary that the Applicant is able to provide services for persons with a disability in accordance with section 41(1) of the Disability Act 2006 (Vic);acknowledge and agree that the department may visit and inspect the Applicant’s premises, in order to satisfy the Secretary that the Applicant is able to provide services for children and families in accordance with section 46 (1) of the Children, Youth and Families Act (2005);confirm, where applicable, that I am authorised to apply for registration as a DSP or Community Service on behalf of the Applicant; andconsent that the name, street and postal address and contact details of the Applicant will be made available for public inspection on the register of disability service providers and/or register of community services in the event the Applicant is granted registration. This includes the publication of a private address for natural persons where the postal address and private address are the same.Signature of person making application(DSP or Community Service)Name:Date:Signature of witnessName:Date:10.2Declaration where a person external to the organisation completed the accompanying Human Services Standards self-assessment (if applicable).Has the self-assessment to support this registration application been completed by a person external to the organisation (for example, a consultant or franchise)? Yes (see below)? NoIn completing the self-assessment to support this registration application I Insert name _____________________________________________________________insert name of service provider: ______________________________________________?declare that the information contained in the self-assessment is true and correct?declare that I have sighted the relevant evidence provided in the self-assessment?understand that the Applicant is required to comply with the obligations under the Disability Act 2006 (Vic) and/or Children Youth and Families Act 2005 (Vic) (as applicable) and any conditions placed on the Applicant’s registration by the Secretary (where applicable).(Consultant/Franchise to sign)Signature Name:Name of consultant/franchise organisation)Date:(Service Provider to sign)Signature of witnessName:Date:Application to be submitted by email to: Director, Human Services Regulator Unit, Regulation, Health Protection and Emergency Management Division at hsstandards@dhhs..auChange and/or removal of information recorded on the register of disability service providers and/or register of community servicesSection one: Tick relevant boxes□ Change of Postal Address□ Change of email address□ Change of primary contact person□ Change of Business Name□ Removal of information recorded on the register of disability service providers and/or community service□ Other: ………………………………………. Section Two: Current provider details:ABN:Legal Entity:Trading name:Primary contact name:Job Title: Street address:Suburb: Post code:Postal address:Phone: Email:Please provide your reason/s for requesting a change or removal from the register:Section Three: New business name details: ABN:Legal Entity:Trading name:Primary contact name:Job Title: Street addressSuburb Post code:Postal address:Phone: Email:Section Four: New/Amended primary contact person details: Primary Contact name: □ Remove □ AddJob Title:Phone: Email:Primary Contact name: □ Remove □ AddJob Title:Phone: Email:Section Five: Declaration: I certify that the information in this form are true and complete.Name:Job title:Signature DateForm to be submitted by email to: Director, Human Services Regulator UnitRegulation, Health Protection and Emergency Management Division Email to Human Services Standards <hsstandards@dhhs..au>Appendix 1Disability Act 2006, Sections 40-48: Registration of disability service providers40 Application for registration as a disability service provider(1)A person may apply to the Secretary for registration of the person as a disability service provider.(2)A person may apply to the Secretary on behalf of an unincorporated body for registration of the unincorporated body as a disability service provider.(3)The Secretary may require a person or an unincorporated body who has applied for funding under this Act to apply for registration as a disability service provider before any funds are provided.(4)An application for registration as a disability service provider must be in the form approved by the Secretary.41Registration(1)The Secretary may register a person or an unincorporated body as a disability service provider if the Secretary is satisfied that—(a)the person or unincorporated body can provide a service for persons with a disability; and(b)the service can be provided in compliance with the requirements of this Act.(2)The Secretary may impose at any time any conditions or restrictions that the Secretary considers appropriate on the registration of a disability service provider and may vary at any time any condition or restriction so imposed or impose a new condition or restriction.(3)Without limiting the generality of subsection (2), the Secretary may impose conditions with respect to staffing arrangements and the appointment, numbers and qualifications of persons to be employed or engaged by the disability service provider in the provision of disability services.(4)Unless revoked, the registration of a disability service provider has effect for a period of 3 years or a longer period as determined by the Secretary in each case.42Renewal of registration(1)A registered disability service provider may apply to the Secretary for renewal of registration as a disability service provider.(2)An application for renewal of registration as a disability service provider must be in the form approved by the Secretary.(3)Unless revoked, the renewal of registration of a disability service provider has effect for a period of 3 years or a longer period as determined by the Secretary in each case.43Revocation of registration(1)The Secretary may revoke the registration of a disability service provider if—(a)the disability service provider has made a written application to the Secretary for the registration to be revoked; or (b)the disability service provider is a registered NDIS provider and— (i)has not received or has ceased receiving funds for the provision of disability services under this Act; or (ii)is not a party to a contract with the Secretary under section 10 to provide services to a person with a disability; or (c)in any other case, the Secretary considers it appropriate to do so.(2)For the purposes of subsection (1), the Secretary may have regard to the following—(a)the Secretary has ceased providing funding to the disability service provider;(b)the Secretary has terminated a contract with the disability service provider for the provision of disability services;(c)the disability service provider has failed to comply with requirements under this Act;(d)any other circumstances that the Secretary considers relevant.(3)The Secretary must revoke the registration of a disability service provider if the disability service provider has ceased to provide disability services.44Notice before refusal or revocation (1)The Secretary must not refuse an application under section 40 or 42 unless the Secretary— (a)has given a written notice to the person or disability service provider, as the case requires, making the application that specifies— (i)the proposed decision and the reasons for the proposed decision; and (ii)that the person or disability service provider, as the case requires, may make a submission in writing within 14?days after the notice is given; and (b)has considered any submission made by the person or disability service provider. (2)The Secretary must not revoke a registration under section 43(1)(b) or (c) unless the Secretary— (a)has given a written notice to the disability service provider that specifies— (i)the proposed decision and the reasons for the proposed decision; and (ii)that the disability service provider may make a submission in writing within 14?days after the notice is given; and (b)has considered any submission made by the disability service provider. (3)If the Secretary revokes a registration under section 43(1)(a) or (b), the disability service provider must give to every person to whom it provides disability services a written notice containing any information required by the Secretary.45Application for review(1)A person or a disability service provider may apply to VCAT for a review of a decision by the Secretary—(a)to refuse an application under section 40; or(b)to refuse an application under section 42; or(c)to revoke the registration of a disability service provider under section 43(1)(c).(2)An application for review must be made within 28?days after the later of—(a)the day on which the decision is made; or(b)if, under the Victorian Civil and Administrative Tribunal Act 1998, the person or the disability service provider requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the disability service provider or the person or the disability service provider is informed under section 46(5) of that Act that a statement of reasons will not be given.46Register of disability service providers(1)The Secretary must keep a register of disability service providers.(2)The Secretary must make available for public inspection a list of disability service providers.(3)The Secretary must include the following information in the register of disability service providers in respect of each disability service provider—(a)the name of the disability service provider;(b)the address of the disability service provider;(c)contact information for the disability service provider.(4)The Secretary is not required to include the details of any natural person in the register of disability service providers.47Disability service provider to notify changesA disability service provider must notify the Secretary in writing within 14 days if there is a change to the information recorded in the register of disability service providers in respect of that disability service provider.10 penalty units.48Certain persons or bodies deemed to be registered or may be registered as disability service providers(1)A person or body receiving funds for the provision of a disability service under the Intellectually Disabled Persons' Services Act?1986 or the Disability Services Act 1991 immediately before the commencement of section?222 is deemed to be registered as a disability service provider under this Act.(2)Unless revoked in accordance with section 43, a registration by virtue of subsection (1) continues in effect irrespective of whether or not the agreement under which the funds are provided ends or is terminated.(3)Despite anything to the contrary in section?41(1) and subject to subsection (4), the Secretary may register as a disability service provider— (a)a person or body; or(b)a person or body belonging to a class of persons or bodies specified in the relevant notice referred to in subsection?(6). (4)The Secretary may impose a condition on a registration referred to in subsection (3) that the operation of the registration is limited to those provisions of this Act that are specified in the notice referred to in subsection (5) or (6), as the case requires. (5)Before registering a person or body under subsection (3)(a), the Secretary must give written notice to the person or body of the Secretary's intention to register the person or body.(6)Before registering a person or body under subsection (3)(b), the Secretary must publish in the Government Gazette notice of the Secretary's intention to register as disability service providers, persons or bodies belonging to a specified class of persons or bodies.48ASecretary may exempt disability service providers from requirements(1)The Secretary may exempt a disability service provider from complying with any requirement of this Act that is specified in a written notice provided to the disability service provider.(2)The Secretary, by notice published in the Government Gazette, may exempt disability service providers belonging to a class of disability service providers from complying with any requirement of this Act that is specified in the notice.Appendix 2Children, Youth and Families Act 2005, Sections 45-57: Registration of community services45 Application for registration(1)A body corporate may apply to the Secretary for registration of the body as a community service.(2)An application must be in a form approved by the Secretary.46Registration(1)The Secretary may register a body as a community service if the Secretary is satisfied that the body—(a)is established to provide services to meet the needs of children requiring care, support, protection or accommodation and of families requiring support; and(b)will be able to meet the performance standards applicable to community services of that kind.(2)A body may be registered in one or more of the categories of registration set out in section 47.47Categories of registrationThe categories of registration are—(a)out of home care service;(b)community-based child and family service;(c)a prescribed category of service.48Conditions on registrationThe Secretary may impose any conditions or restrictions that the Secretary considers appropriate on the registration of a community service under this Division.49Period of registrationUnless revoked, registration of a body as a community service has effect for a period of 3 years or a longer period as determined by the Secretary in each case.50Renewal of registration(1)A registered community service may apply to the Secretary for renewal of registration as a community service.(2)An application for renewal must be in a form approved by the Secretary.(3)Unless revoked, the renewal of registration as a community service has effect for a period of 3?years or a longer period as determined by the Secretary in each case.51Revocation of registration(1)The Secretary may revoke the registration of a body as a community service if the Secretary considers it appropriate to do so.(2)For the purposes of subsection?(1), the Secretary may have regard to the following—(a)a report from an authorised assessor under Division 5; or(b)an inquiry under Division 5; or(c)a recommendation of an administrator under Division 6; or(d)the Secretary has ceased providing funding to the body; or(e)the Secretary has terminated a contract with the body for the provision of services under the Act; or(f)any other circumstances that the Secretary considers relevant.52Notice to community serviceThe Secretary must give a registered community service at least 14 days notice and the opportunity to make submissions before—(a)refusing an application by the community service for a renewal of registration; or(b)revoking the registration of the community service.53Application for review(1)A body may apply to VCAT for review of a decision by the Secretary—(a)to refuse to register the body as a community service; or(b)to refuse to renew the registration of the body as a community service; or(c)to revoke the registration of the body as a community service.(2)An application for review must be made within 28?days after the later of—(a)the day on which the decision is made;(b)if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.54Register of community servicesThe Secretary must keep a register of community services.55What information is to be included in the register?The Secretary must include the following information in the register of community services in respect of each body that is registered under this Division—(a)the name of the body;(b)the address of the body;(c)contact information for the body;(d)the category of registration of the body;(e)any other information that is prescribed.56Registered community service to notify changesA registered community service must notify the Secretary in writing within 14 days if there is any change to the information recorded in the register of community services in respect of that registered community service.10 penalty units.57Register to be made publicThe Secretary must make a copy of the register of community services available for inspection on the Department's Internet site. ................
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