DISABILITY ACT 2006 - SECT 141 Powers of Public Advocate

DISABILITY ACT 2006 - SECT 141

    (1)     On receiving a notification under section 140(5), the Public Advocate may do one or more of the following—

        (a)     refer the matter to the Senior Practitioner;

        (b)     within 28 days after receiving the notification, initiate an application to VCAT to review the decision by the Authorised Program Officer to authorise the use of a regulated restrictive practice and, as the case requires, the decision by the Senior Practitioner to approve the use;

        (c)     disclose information about the use or proposed use of a regulated restrictive practice—

              (i)     in the case of a disability service provider, to the Secretary; or

              (ii)     in the case of a registered NDIS provider, to the NDIA or the NDIS Quality and Safeguards Commission.

    (2)     This section is in addition to the powers of the Public Advocate under the Guardianship and Administration Act 2019 .

New s. 142 inserted by No. 9/2023 s. 47.