Victorian Current Acts Victorian Current Acts(1) This section applies—
S. 27(1)(a) substituted by No. 19/2019 s. 30(1).
(a) in respect of the use of restrictive practices or compulsory treatment by a disability service provider or a registered NDIS provider; or
S. 27(1)(b) amended by No. 19/2019 s. 30(2).
(b) if the Senior Practitioner believes on reasonable grounds that the use of restrictive practices or compulsory treatment is occurring as part of the provision of a disability service or a service provided by a registered NDIS provider whether or not an order specified in section 152(2) or a supervised treatment order is in effect.
(2) If this section applies, the Senior Practitioner has the power to—
S. 27(2)(a) amended by Nos 19/2019 s. 30(3)(a), 9/2023 s. 22(1)(a).
(a) in the case of a disability service provider, visit and inspect any part of the premises where disability services are being provided, other than any premises or part of any premises used as a private residence that is not a residential service or Minister approved premises;
S. 27(2)(ab) inserted by No. 19/2019 s. 30(3)(b), amended by No. 9/2023 s. 22(1)(b).
(ab) in the case of a registered NDIS provider, visit and inspect any place (other than a place or part of a place used as a private residence that is not an NDIS dwelling or Minister approved premises) where services are provided under the NDIS;
S. 27(2)(b) amended by No. 19/2019 s. 30(3)(c).
(b) if paragraph (a) or (ab) applies, see any person who is subject to any restrictive practice or compulsory treatment;
S. 27(2)(c) amended by No. 19/2019 s. 30(3)(d).
(c) investigate, audit and monitor the use of restrictive practices and compulsory treatment;
S. 27(2)(d) amended by No. 19/2019 s. 30(3)(e).
(d) inspect and make copies of, or take extracts from, any document relating to any person who is subject to any restrictive practice or compulsory treatment;
S. 27(2)(e) amended by No. 19/2019 s. 30(3)(e).
(e) see any person involved in the development, implementation or authorisation of any restrictive practice or compulsory treatment upon request;
S. 27(2)(f) substituted by No. 19/2019 s. 30(3)(f).
(f) request a disability service provider or an NDIS provider, as the case requires, to provide information about any restrictive practice or compulsory treatment;
S. 27(2)(g) amended by No. 19/2019 s. 30(3)(g).
(g) authorise by written order given to the disability service provider or registered NDIS provider the use of a restrictive practice.
(3) The Senior Practitioner may by written order direct a disability service provider—
(a) to discontinue or alter as specified in the order, a practice, procedure or treatment observed or carried out by the disability service provider;
(b) to observe or carry out a practice, procedure or treatment specified in the order;
(c) to provide a practice, procedure or treatment, or a particular practice, procedure or treatment specified in the order, to a person with a disability who is specified in the order.
(4) If the Senior Practitioner gives a direction under subsection (3)(a) to discontinue a practice, procedure or treatment, the Senior Practitioner must provide assistance in developing alternative strategies for the management of the behaviour of the person affected.
S. 27(5) amended by Nos 19/2019 s. 30(4), 9/2023 s. 22(2).
(5) The Senior Practitioner must as soon as practicable advise in writing the person with a disability, the NDIS participant or the DSOA client, as the case requires, of—
(a) any authorisation given under subsection (2)(g); or
(b) any direction given under subsection (3).
S. 27(5A) inserted by No. 19/2019 s. 30(5).
(5A) The Senior Practitioner may notify the NDIS Commissioner of any matter relating to an NDIS provider that has come to the Senior Practitioner's attention in the course of exercising a power or performing a function or duty under this Act.
S. 27(5B) inserted by No. 19/2019 s. 30(5).
(5B) The Senior Practitioner may prohibit the use of restrictive practices or a specified form of restrictive practice on—
(a) persons with a disability; or
(b) NDIS participants; or
S. 27(5B)(ba) inserted by No. 9/2023 s. 22(3)(a).
(ba) DSOA clients; or
S. 27(5B)(c) amended by No. 9/2023 s. 22(3)(b).
(c) persons belonging to a specified class of persons with a disability, NDIS participants or DSOA clients—
by one or more of the following—
(d) disability service providers;
(e) registered NDIS providers;
(f) a person belonging to a specified class of disability service providers or registered NDIS providers.
S. 27(5C) inserted by No. 19/2019 s. 30(5).
(5C) Notice of a prohibition referred to in subsection (5B) must be—
(a) published on the Department's internet site; and
(b) given to each applicable provider referred to in that subsection.
S. 27(6) substituted by No. 19/2019 s. 30(6).
(6) On the request of the Senior Practitioner, the following persons must provide the Senior Practitioner with any reasonable assistance that the Senior Practitioner requires to perform or exercise a power, duty or function under this Act—
(a) a disability service provider;
(b) a registered NDIS provider;
(c) a member of the staff or management of a disability service provider;
(d) a member of the staff or management of a registered NDIS provider.
S. 27(7) amended by No. 19/2019 s. 30(7).
(7) A person referred to in subsection (6) must—
(a) reasonably render assistance when required to do so under subsection (6);
(b) give full and true answers to the best of that person's knowledge to any questions asked by the Senior Practitioner in the performance or exercise of any power, duty or function under this Act.
Penalty: 60 penalty units.
Division 6—Community visitors