Victorian Current Acts

DISABILITY ACT 2006 - SECT 237

    (1)     If immediately before the day a person becomes an NDIS participant the person has a behaviour support plan, on and from that day—

        (a)     the behaviour support plan is taken to be an NDIS behaviour support plan for the purposes of Part 6B and the NDIS (Restrictive Practices and Behaviour Support) Rules; and

        (b)     the use of any restrictive practices referred to in the behaviour support plan is taken to be authorised by the Authorised Program Officer of the registered NDIS provider intending to use the restrictive practices on the person and, as the case requires approved by the Senior Practitioner—

until whichever of the following happens first—

        (c)     the behaviour support plan expires;

        (d)     an NDIS behaviour support plan is developed for the NDIS participant.

    (2)     The Senior Practitioner may issue directions in relation to the use of restrictive practices on an NDIS participant to whom a behaviour support plan referred to in subsection (1) applies.

New s. 238 inserted by No. 19/2019 s. 125.