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DISABILITY ACT 2006 - SECT 137 Use of regulated restrictive practice permitted in certain circumstances—disability service provider

DISABILITY ACT 2006 - SECT 137

Use of regulated restrictive practice permitted in certain circumstances—disability service provider

    (1)     A disability service provider may use a regulated restrictive practice on a person to whom the disability service provider is providing disability services and who is also an NDIS participant or a DSOA client with an NDIS behaviour support plan if—

        (a)     the Authorised Program Officer of the disability service provider has authorised that use under section 136; and

        (b)     the disability service provider is satisfied that the criteria specified in section 136(1)(a), (b), (e) and (g) are met; and

        (c)     if the regulated restrictive practice is in the form of a restrictive practice specified in section 143(1), the use of that form has been approved by the Senior Practitioner.

    (2)     A disability service provider who uses regulated restrictive practices on a person under subsection (1) must give a report to the Senior Practitioner within 7 days after the end of an interval specified by the Senior Practitioner that details—

        (a)     all instances in which the regulated restrictive practices were used during the period for which the report is prepared; and

        (b)     any other details required by the Senior Practitioner.

    (3)     The Senior Practitioner may issue directions to disability service providers to whom subsection (1) applies in relation to the use of regulated restrictive practices under that subsection.

New s. 138 inserted by No. 9/2023 s. 47.