Victorian Consolidated Legislation

Disability Act 2006 - SECT 27

Special powers of the Senior Practitioner

27. Special powers of the Senior Practitioner



(1) This section applies-

   (a)  in respect of the use of restrictive interventions or compulsory
        treatment by a disability service provider; or

   (b)  if the Senior Practitioner believes on reasonable grounds that the use
        of restrictive interventions or compulsory treatment is occurring as
        part of the provision of a disability service whether or not an order
        specified in section 152(2) or a supervised treatment order is in
        effect.







(2) If this section applies, the Senior Practitioner has the power to-

   (a)  visit and inspect any part of the premises where disability services
        are being provided, other than any premises or part of any premises
        used as a private residence that is not a residential service;

   (b)  if paragraph (a) applies, see any person who is subject to any
        restrictive intervention or compulsory treatment;

   (c)  investigate, audit and monitor the use of restrictive interventions
        and compulsory treatment;

   (d)  inspect and make copies of, or take extracts from, any document
        relating to any person who is subject to any restrictive intervention
        or compulsory treatment;

   (e)  see any person involved in the development, implementation or
        authorisation of any restrictive intervention or compulsory treatment
        upon request;

   (f)  request information from a disability service provider relating to any
        restrictive intervention or compulsory treatment;

   (g)  authorise by written order given to the disability service provider
        the use of a restrictive intervention.

(3) The Senior Practitioner may by written order direct a disability
service provider-

   (a)  to discontinue or alter as specified in the order, a practice,
        procedure or treatment observed or carried out by the disability
        service provider;



   (b)  to observe or carry out a practice, procedure or treatment specified
        in the order;

   (c)  to provide a practice, procedure or treatment, or a particular
        practice, procedure or treatment specified in the order, to a person
        with a disability who is specified in the order.

(4) If the Senior Practitioner gives a direction under subsection (3)(a) to
discontinue a practice, procedure or treatment, the Senior Practitioner must
provide assistance in developing alternative strategies for the management of
the behaviour of the person affected.

(5) The Senior Practitioner must as soon as practicable advise in writing the
person with a disability of-

   (a)  any authorisation given under subsection (2)(g); or

   (b)  any direction given under subsection (3).

(6) If the Senior Practitioner wishes to perform or exercise, or is performing
or exercising, any power, duty or function under this Act, the disability
service provider and every member of the staff or management of the disability
service provider must provide the Senior Practitioner with any reasonable
assistance that the Senior Practitioner requires to perform or exercise that
power, duty or function effectively.

(7) A disability service provider or member of the staff or management of a
disability service provider must-

   (a)  reasonably render assistance when required to do so under subsection
        (6);



   (b)  give full and true answers to the best of that person's knowledge to
        any questions asked by the Senior Practitioner in the performance or
        exercise of any power, duty or function under this Act.

Penalty: 60 penalty units.

Division 6-Community visitors