DISABILITY ACT 2006 - SECT 195 Supervision of supervised treatment order
DISABILITY ACT 2006 - SECT 195
Supervision of supervised treatment order(1) The Senior Practitioner is responsible for supervising the implementation of a supervised treatment order.
S. 195(2) amended by No. 9/2023 s. 61(1).
(2) An Authorised Program Officer for a primary service provider must provide a report on the implementation of a supervised treatment order to the Senior Practitioner at the intervals, not exceeding 6 months, specified by the Senior Practitioner.
S. 195(2A) inserted by No. 9/2023 s. 61(2).
(2A) If requested to do so by the Senior Practitioner, an Authorised Program Officer for a disability service provider or a registered NDIS provider specified in a treatment plan (other than a primary service provider) must report on the implementation of the treatment plan at intervals specified by the Senior Practitioner.
S. 195(2B) inserted by No. 9/2023 s. 61(2).
(2B) An Authorised Program Officer for a disability service provider or a registered NDIS provider specified in a treatment plan must report on the use of restrictive practices on the person who is subject to the treatment plan at intervals, not exceeding 6 months, specified by the Senior Practitioner.
S. 195(3) amended by No. 19/2019 s. 103(1).
(3) Subject to subsection (4) or (5A), a material change cannot be made to a treatment plan unless the change is approved by the Senior Practitioner.
S. 195(4) substituted by No. 19/2019 s. 103(2), amended by No. 9/2023 s. 61(3).
(4) Unless subsection (5), (5A) or (5B) applies, in the case of a person with a disability who is subject to a supervised treatment order obtained by an Authorised Program Officer for a disability service provider, if a material change to a treatment plan relates to an increase in the level of supervision or restriction—
(a) the Senior Practitioner must not approve the change; and
(b) the Authorised Program Officer must apply to VCAT for a variation of the treatment plan under section 196.
S. 195(5) substituted by No. 19/2019 s. 103(2), amended by No. 9/2023 s. 61(4).
(5) Despite subsection (4) and unless subsection (5A) or (5B) applies, in the case of a person with a disability who is subject to a supervised treatment order obtained by an Authorised Program Officer for a disability service provider, if the Senior Practitioner considers that an increase in the supervision or restriction of the person is necessary because of an emergency, the Senior Practitioner—
(a) may approve a material change to the person's treatment plan relating to the increase in the level of supervision or restriction; and
(b) must, as soon as practicable, apply to VCAT for a variation of the treatment plan under section 196.
S. 195(5A) inserted by No. 19/2019 s. 103(2), substituted by No. 9/2023 s. 61(5).
(5A) Despite subsection (5) and unless subsection (5B) applies, in the case of an NDIS participant who will be subject to the use of restrictive practices by a registered NDIS provider under a treatment plan attached to a supervised treatment order that is to be used as the NDIS participant's NDIS behaviour support plan, if a material change to a treatment plan relates to an increase in the level of supervision or restriction—
(a) the Senior Practitioner must not approve the change; and
(b) the Authorised Program Officer must apply to VCAT for—
(i) a variation of the treatment plan under section 196, if the proposed variation is to the treatment plan and does not relate to a regulated restrictive practice; or
(ii) a review of the supervised treatment order under section 196, if, following a review of the NDIS participant's treatment plan, a material change is made to that plan relating to the use of a regulated restrictive practice.
S. 195(5B) inserted by No. 19/2019 s. 103(2), amended by No. 9/2023 s. 61(6)(a)(b).
(5B) Despite subsection (5) and (5A), in the case of an NDIS participant who will be subject to the use of restrictive practices by a registered NDIS provider under a treatment plan attached to a supervised treatment order that is to be used as the NDIS participant's NDIS behaviour support plan, if the Senior Practitioner considers that an increase in the supervision or restriction of the NDIS participant is necessary because of an emergency, the Senior Practitioner—
S. 195(5B)(a) amended by No. 9/2023 s. 61(6)(c).
(a) may approve a material change to the NDIS participant's treatment plan relating to the increase in the level of supervision or restriction; and
(b) must, as soon as practicable, apply to VCAT for—
(i) a variation of the treatment plan under section 196, if the proposed variation is to the treatment plan and does not relate to a regulated restrictive practice; or
S. 195
(5B)(b)(ii) amended by No. 9/2023 s. 61(6)(d).
(ii) a review of the supervised treatment order under section 196, if, following a review of the NDIS participant's treatment plan, a material change is made to that plan relating to the use of a regulated restrictive practice.
S. 195(5C) inserted by No. 9/2023 s. 61(7).
(5C) A change to the specified disability service providers and registered NDIS providers (other than the primary service provider) in a treatment plan may be made with the approval of the Senior Practitioner.
(6) The Senior Practitioner must, as soon as is practicable before the change has effect, notify in writing the person who is subject to the supervised treatment order of the change to the treatment plan approved by the Senior Practitioner.
S. 195(7) inserted by No. 9/2023 s. 61(8).
(7) For the avoidance of doubt, any disability service provider or registered NDIS provider providing disability services or services under the NDIS to the person who is subject to the treatment plan may make a request to the Senior Practitioner to make a material change to that treatment plan.