Victorian Current Acts

DISABILITY ACT 2006 - SECT 143

    (1)     The Senior Practitioner, if satisfied of the matters in subsection (2), may approve a disability service provider or a registered NDIS provider to use—

        (a)     a regulated restrictive practice in the form of seclusion, physical restraint or mechanical restraint; or

        (b)     a form of regulated restrictive practice specified as requiring approval under this section in a direction given by the Senior Practitioner; or

        (c)     a regulated restrictive practice on a specified person or class of persons specified as requiring approval under this section in a direction given by the Senior Practitioner.

    (2)     For the purposes of subsection (1), the matters are—

        (a)     the proposed use of the regulated restrictive practice is necessary to prevent the person in respect of whom this Part applies from causing physical harm to themselves or to another person; and

        (b)     the use and form of the proposed regulated restrictive practice is the option which is the least restrictive of the person as is possible in the circumstances; and

        (c)     the use and form of the proposed regulated restrictive practice—

              (i)     is included in the person's behaviour support plan or NDIS behaviour support plan; and

              (ii)     is in accordance with the person's behaviour support plan or NDIS behaviour support plan; and

              (iii)     is not applied for longer than the period of time during which the use of the regulated restrictive practice is necessary under paragraph (a); and

        (d)     if the person is receiving disability services from a disability service provider and does not have an NDIS behaviour support plan that is in accordance with the NDIS (Restrictive Practices and Behaviour Support) Rules, the person's behaviour support plan is in accordance with this Part; and

        (e)     if the person is an NDIS participant or a DSOA client and will be subject to regulated restrictive practices by a registered NDIS provider, the person's NDIS behaviour support plan is in accordance with the requirements of the NDIS (Restrictive Practices and Behaviour Support) Rules; and

        (f)     if seclusion is to be used, that—

              (i)     the person is supplied with bedding and clothing which is appropriate in the circumstances; and

              (ii)     the person has access to adequate heating or cooling as is appropriate in the circumstances; and

              (iii)     the person is provided with food and drink at the appropriate times; and

              (iv)     the person is provided with adequate toilet arrangements; and

        (g)     any other requirements imposed by the Senior Practitioner are complied with.

    (3)     An approval given under this section is in force until—

        (a)     the approval is revoked; or

        (b)     the person's behaviour support plan or NDIS behaviour support plan expires; or

        (c)     the person is given a new behaviour support plan or NDIS behaviour support plan.

    (4)     The Senior Practitioner, if satisfied that it is appropriate to do so, may lodge evidence with the NDIS Commissioner or the registered NDIS provider that the proposed use of a regulated restrictive practice on an NDIS participant or a DSOA client is authorised by the Authorised Program Officer and, as the case requires, approved by the Senior Practitioner.

New s. 144 inserted by No. 9/2023 s. 47.