Victorian Current Acts

DISABILITY ACT 2006 - SECT 145

    (1)     This section applies if—

        (a)     a person in respect of whom this Part applies—

              (i)     does not have a behaviour support plan or an NDIS behaviour support plan which provides for the use of regulated restrictive practices; or

              (ii)     has a behaviour support plan or an NDIS behaviour support plan which provides for the use of regulated restrictive practices and—

    (A)     the Authorised Program Officer has authorised that use; and

    (B)     if the Senior Practitioner is required to approve the use, the Senior Practitioner has not done so; or

              (iii)     has a behaviour support plan or an NDIS behaviour support plan which provides for the use of regulated restrictive practices and the Authorised Program Officer has not authorised that use; and

        (b)     the person in charge of the relevant disability service provider or registered NDIS provider is of the opinion that there is an emergency because—

              (i)     there is an imminent risk of the person in respect of whom this Part applies causing serious physical harm to themselves or another person; and

              (ii)     it is necessary to use a regulated restrictive practice to prevent that risk.

    (2)     The disability service provider or registered NDIS provider is authorised to use a regulated restrictive practice on the person in respect of whom this Part applies if—

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

        (b)     the use of the regulated restrictive practice is authorised by the person in charge of the disability service provider or registered NDIS provider; and

        (c)     the Authorised Program Officer (if one has been appointed) is notified without delay of the use of the regulated restrictive practice.

    (3)     If an Authorised Program Officer has not been appointed for the disability service provider or registered NDIS provider and the provider intends to continue to use a regulated restrictive practice on the person in respect of whom this Part applies (subject to obtaining the required authorisation under section 136 and, as the case requires, approval under section 143), the disability service provider or registered NDIS provider must appoint an Authorised Program Officer as soon as practicable in accordance with Part 6A.

New s. 146 inserted by No. 9/2023 s. 47.