Victorian Current Acts

DISABILITY ACT 2006 - SECT 138

    (1)     This section applies if—

        (a)     a disability service provider providing a disability service to a person in respect of whom this Part applies—

              (i)     is satisfied that the criteria specified in section 136(1)(a) and (b) apply; and

              (ii)     proposes to use a regulated restrictive practice on the person; and

        (b)     the person receiving the disability service does not have an NDIS behaviour support plan that is in accordance with the NDIS (Restrictive Practices and Behaviour Support) Rules.

    (2)     The disability service provider must ensure that a behaviour support plan is prepared for the person in respect of whom this Part applies that—

        (a)     states the circumstances in which the proposed form of a regulated restrictive practice is to be used for behaviour support; and

        (b)     explains how the use of a regulated restrictive practice will be of benefit to the person; and

        (c)     demonstrates that the use of a regulated restrictive practice is the option which is the least restrictive of the person as is possible in the circumstances; and

        (d)     includes strategies to reduce and eliminate the need for a regulated restrictive practice to be used on the person; and

        (e)     takes into account any—

              (i)     previous behaviour assessments; and

              (ii)     other relevant assessments; and

        (f)     includes the changes to be made to the environment of the person to reduce or eliminate the need for the regulated restrictive practice to be used on the person.

    (3)     The disability service provider must ensure that during the preparation of the behaviour support plan the following persons are consulted—

        (a)     the person for whom the behaviour support plan is being prepared;

        (b)     if the person for whom the behaviour support plan is being prepared has a guardian, the person's guardian;

        (c)     if any other disability service providers provide disability services to the person for whom the behaviour support plan is being prepared, a representative of each disability service provider;

        (d)     if any registered NDIS providers provide services under the NDIS to the person for whom the behaviour support plan is being prepared, a representative of each registered NDIS provider;

        (e)     any other person specified by the person for whom the behaviour support plan is being prepared;

        (f)     any other person that the disability service provider considers integral to the development of the behaviour support plan.

New s. 139 inserted by No. 9/2023 s. 47.