Victorian Current Acts

DISABILITY ACT 2006 - SECT 142

    (1)     The Authorised Program Officer, within 2 working days after authorising the use of a regulated restrictive practice on a person under section 136, must ensure that the Senior Practitioner is given—

        (a)     a copy of the person's behaviour support plan or NDIS behaviour support plan; and

        (b)     the name and details of the independent person who assisted the person; and

        (c)     if the person is an NDIS participant or a DSOA client, any information provided to the NDIS Quality and Safeguards Commission in relation to the use of a regulated restrictive practice that is not included in the person's NDIS behaviour support plan; and

        (d)     any other information required by the Senior Practitioner.

    (2)     A disability service provider or a registered NDIS provider, at least 2 working days before using a regulated restrictive practice described in subsection (1) on a person, must—

        (a)     give the person a notice in accordance with subsection (3); and

        (b)     explain the notice to the person in accordance with section 7.

    (3)     A notice under subsection (2) must state that—

        (a)     the Authorised Program Officer has authorised under section 136 the use of a regulated restrictive practice on the person and, as the case requires, the Senior Practitioner has approved the use under section 143; and

        (b)     the person may seek, as the case requires—

              (i)     a review of the Authorised Program Officer's decision under section 136 to authorise the use of the regulated restrictive practice; or

              (ii)     a joint review of the Authorised Program Officer's decision under section 136 to authorise the use of the regulated restrictive practice and the Senior Practitioner's decision under section 143 to approve the use.

New s. 143 inserted by No. 9/2023 s. 47.