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DISABILITY SERVICES ACT 2006 - SECT 195 Notification requirements about approvals given for use of restrictive practices

DISABILITY SERVICES ACT 2006 - SECT 195

Notification requirements about approvals given for use of restrictive practices

195 Notification requirements about approvals given for use of restrictive practices

(1) If—
(a) a relevant service provider, other than a relevant service provider prescribed by regulation, is given a limited restrictive practice approval authorising the provider to use a restrictive practice at a service outlet; and
(b) there is no other limited restrictive practice approval in effect relating to the service outlet;
the relevant service provider must, within the required period, give notice in the approved form to the chief executive.
(2) A relevant service provider that has given a notice under subsection (1) must, within the period mentioned in subsection (6) , give notice in the approved form to the chief executive if all limited restrictive practice approvals relating to the service outlet stop having effect.
(3) If—
(a) a relevant service provider, other than a relevant service provider prescribed by regulation, is given a restrictive practice approval authorising the provider to use a restrictive practice at a visitable site as defined under the Public Guardian Act 2014 , section 39 ; and
(b) there is no other restrictive practice approval in effect relating to the visitable site;
the relevant service provider must, within the required period, give notice to the public guardian.
(4) For subsection (3) , the notice must state—
(a) the name and address of the visitable site; and
(b) that a restrictive practice approval has been given in relation to the visitable site.
(5) A relevant service provider that has given a notice under subsection (3) must, within the period mentioned in subsection (6) , give notice to the public guardian if all restrictive practice approvals relating to the visitable site stop having effect.
(6) For subsections (2) and (5) , the notice must be given within 21 days after the event mentioned in the subsection happens.
(7) In this section—


"limited restrictive practice approval" means a restrictive practice approval other than—
(a) a containment or seclusion approval; or
(b) a short term approval given by the public guardian under the GAA, chapter 5B , part 4 .

"required period" means—
(a) if the restrictive practice approval is a short term approval—14 days after the approval is given; or
(b) otherwise—21 days after the restrictive practice approval is given.

"restrictive practice approval" means—
(a) a containment or seclusion approval; or
(b) consent to use of a restrictive practice given by—
(i) a guardian for a restrictive practice matter; or
(ii) an informal decision-maker; or
(c) a short term approval.

"service outlet" means a place at which disability services or NDIS supports or services are provided.