Victorian Current Acts

DISABILITY ACT 2006 - SECT 238

    (1)     If immediately before the day a person becomes an SDA resident living in an SDA enrolled dwelling under an SDA residency agreement the person does not have an NDIS behaviour support plan but does have a treatment plan developed under Division 5 of Part 8, on and from that day—

        (a)     the treatment plan is taken to be an NDIS behaviour support plan for the purposes of Division 7 of Part 8 and the NDIS (Restrictive Practices and Behaviour Support) Rules until—

              (i)     an NDIS behaviour support plan is developed for the NDIS participant; or

              (ii)     it expires or is revoked under section 196 or 196A—

whichever occurs sooner; and

        (b)     the supervised treatment order to which the treatment plan is attached—

              (i)     continues in force until it expires or is revoked under section 196 or 196A; and

              (ii)     is taken to be the responsibility of the Authorised Program Officer of the disability service provider that applied for the supervised treatment order or, if the disability service provider has become a registered NDIS provider, the Authorised Program Officer appointed by that registered NDIS provider; and

        (c)     the relevant place at which the person is to reside referred to in section 193(3)(b) is taken to be an SDA enrolled dwelling under an SDA residency agreement in relation to the NDIS participant.

Note

If a registered NDIS provider intends to use regulated restrictive practices on a person referred to in subsection (1), the registered NDIS provider must comply with section 201L.

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

New s. 239 inserted by No. 19/2019 s. 125.