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DISABILITY ACT 2006 - SECT 135 Use of regulated restrictive practice only permitted after authorisation and approval given

DISABILITY ACT 2006 - SECT 135

Use of regulated restrictive practice only permitted after authorisation and approval given

Except as provided for in sections 137 and  145, a disability service provider or a registered NDIS provider must not use a regulated restrictive practice on a person in respect of whom this Part applies unless an authorisation under section 136 for the use of the regulated restrictive practice is in force and—

        (a)     if the regulated restrictive practice is in the form of seclusion, physical restraint or mechanical restraint, the use of that form has been approved by the Senior Practitioner; and

        (b)     if the regulated restrictive practice is in the form of a restrictive practice that requires the Senior Practitioner's approval under section 143, the use of that form has been approved by the Senior Practitioner; and

        (c)     if the use of the regulated restrictive practice on a specified person or class of persons requires the Senior Practitioner's approval under section 143, the use of the regulated restrictive practice in that circumstance has been approved by the Senior Practitioner; and

        (d)     the matters referred to in section 136(1)(a), (b), (e) and (g) are satisfied.

New s. 136 inserted by No. 9/2023 s. 47.