{"id":"a-2018-27","name":"Senior Practitioner Act 2018","slug":"senior-practitioner-act-2018","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"27 of 2018","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24286,"registerId":"act-a-2018-27-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Senior Practitioner Act 2018","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nSenior Practitioner Act 2018\nA2018-27\nRepublication No 7\nEffective: 26 November 2025\nRepublication date: 26 November 2025\nLast amendment made by A2025-29\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Senior Practitioner Act 2018 (including any amendment made under\nthe Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 26 November 2025. It also\nincludes any commencement, amendment, repeal or expiry affecting this republished law to\n26 November 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR7\n26/11/25\nSenior Practitioner Act 2018\nEffective: 26/11/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nSenior Practitioner Act 2018\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n3 Dictionary 2\n4 Notes 2\n5 Offences against Act—application of Criminal Code etc 2\nPart 2 Objects, important concepts and principles\n6 Objects of Act 3\n7 Meaning of restrictive practice 4\n8 Meaning of provider 6\n9 Principles for providers 8\n\nContents\nPage\ncontents 2 Senior Practitioner Act 2018\nEffective: 26/11/25\nR7\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Restrictive practices and positive behaviour\nsupport plans\nDivision 3.1 Limitation on use of restrictive practices\n10 Use of restrictive practice 10\n10A Use of restrictive practice other than under a registered positive\nbehaviour support plan—reporting 11\nDivision 3.2 Positive behaviour support plans\n11 Meaning of positive behaviour support plan 12\n12 Guidelines about positive behaviour support plans 12\n13 Preparation of positive behaviour support plan 14\n14 Approval of positive behaviour support plan 14\n15 Registration of positive behaviour support plan 14\n16 Copy of positive behaviour support plan to be given to person etc 15\n17 Review and amendment of positive behaviour support plan 16\n18 Positive behaviour support plan expires after 12 months 16\n19 Register of positive behaviour support plans 16\n20 Provider to monitor and record use of restrictive practices 17\nDivision 3.3 Positive behaviour support panels\n21 Guidelines about positive behaviour support panels 17\n22 Registration of positive behaviour support panels 18\n23 Register of positive behaviour support panels 19\nPart 4 Senior practitioner\n24 Appointment of senior practitioner 20\n25 Delegation by senior practitioner 20\n26 Functions of senior practitioner 20\n27 Senior practitioner may make guidelines 22\nPart 5 Complaints and investigations\nDivision 5.1 Complaints\n28 Making a complaint 23\n29 Withdrawing a complaint 24\n30 Request for further information or verification 24\n\nContents\nPage\nR7\n26/11/25\nSenior Practitioner Act 2018\nEffective: 26/11/25\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 5.2 Investigations\n31 Investigation of complaint 25\n32 Investigation without complaint 26\n33 Power to enter premises to conduct investigation 27\n34 Power to ask for information, documents and other things when\nconducting investigation 28\n35 Power to ask for assistance 29\n36 Senior practitioner may keep document or other thing etc 29\n37 Privileges against self-incrimination and exposure to civil penalty 30\nDivision 5.3 Actions after investigation\n38 No action to be taken 30\n39 Directions to provider 31\n40 Senior practitioner may cancel registration 32\n41 Cancellation notice 33\nPart 6 Information sharing\n42 Senior practitioner may give information to particular entities 34\nPart 7 Notification and review of decisions\n43 Meaning of reviewable decision—pt 7 36\n44 Reviewable decision notices 36\n45 Applications for review 36\nPart 8 Offences\n46 Using restrictive practice other than in accordance with Act 37\n47 Failing to comply with direction 37\n48 Criminal liability of partner 38\n49 Criminal liability of executive officer 38\nPart 9 Miscellaneous\n50 Annual report by senior practitioner 41\n51 Protection of officials from liability 41\n52 Protection of others from liability 42\n53 Regulation-making power 42\n\nContents\nPage\ncontents 4 Senior Practitioner Act 2018\nEffective: 26/11/25\nR7\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Reviewable decisions 43\nDictionary 44\nEndnotes\n1 About the endnotes 46\n2 Abbreviation key 46\n3 Legislation history 47\n4 Amendment history 48\n5 Earlier republications 49\n\nR7\n26/11/25\nSenior Practitioner Act 2018\nEffective: 26/11/25\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nSenior Practitioner Act 2018\nAn Act to provide for the appointment of a senior practitioner and the regulation\nof restrictive practices to minimise their use\n\nPart 1 Preliminary\nSection 1\npage 2 Senior Practitioner Act 2018\nEffective: 26/11/25\nR7\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Senior Practitioner Act 2018.\n3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘positive behaviour support plan—\nsee section 11.’ means that the term ‘positive behaviour support plan’ is\ndefined in that section.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nObjects, important concepts and principles Part 2\nSection 6\nR7\n26/11/25\nSenior Practitioner Act 2018\nEffective: 26/11/25\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Objects, important concepts and\nprinciples\n6 Objects of Act\nThe objects of this Act are to—\n(a) provide a framework for reducing and eliminating the use of\nrestrictive practices by providers; and\n(b) ensure that restrictive practices are used by providers only in\nvery limited circumstances, as a last resort and in the least\nrestrictive way and for the shortest period possible in the\ncircumstances; and\n(c) state principles to be taken into account by providers in\nproviding services to people with behaviour that causes harm to\nthemselves or others; and\n(d) establish the role of senior practitioner; and\n(e) regulate the use of restrictive practices by a provider in relation\nto a person in a way that—\n(i) is consistent with the person’s human rights; and\n(ii) safeguards the person and others from harm; and\n(iii) maximises the opportunity for positive outcomes and aims\nto reduce or eliminate the need for use of restrictive\npractices; and\n(iv) ensures transparency and accountability in the use of\nrestrictive practices.\n\nPart 2 Objects, important concepts and principles\nSection 7\npage 4 Senior Practitioner Act 2018\nEffective: 26/11/25\nR7\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n7 Meaning of restrictive practice\n(1) In this Act:\nrestrictive practice—\n(a) means a practice that is used to restrict the rights or freedom of\nmovement of a person for the primary purpose of protecting the\nperson or others from harm; and\n(b) includes the following:\n(i) chemical restraint;\n(ii) environmental restraint;\n(iii) mechanical restraint;\n(iv) physical restraint;\n(v) seclusion; but\n(c) does not include—\n(i) reasonable action taken to monitor and protect a child from\nharm; or\nExamples\n1 holding a child’s hand while crossing a road\n2 fencing around a primary school\n(ii) a practice prescribed by regulation not to be a restrictive\npractice.\n(2) In this section:\nchemical restraint—\n(a) means the use of medication or a chemical substance for the\nprimary purpose of influencing a person’s behaviour or\nmovement; but\n\nObjects, important concepts and principles Part 2\nSection 7\nR7\n26/11/25\nSenior Practitioner Act 2018\nEffective: 26/11/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) does not include the use of a chemical substance that is—\n(i) prescribed by a medical practitioner or nurse practitioner\nfor the treatment, or to enable the treatment, of a mental or\nphysical illness or condition in a person; and\n(ii) used in accordance with the prescription.\nenvironmental restraint means any action or system that limits a\nperson’s ability to freely—\n(a) access the person’s surroundings or a particular thing; or\n(b) engage in an activity.\nmechanical restraint—\n(a) means the use of a device to prevent, restrict or subdue the\nmovement of all or part of a person’s body; but\n(b) does not include the use of the device—\n(i) to ensure the person’s safety when travelling; or\n(ii) for therapeutic purposes.\nphysical restraint—\n(a) means the use or action of physical force to stop, limit or subdue\nthe movement of a person’s body or part of the person’s body;\nbut\n(b) does not include a reflex action of reasonable physical force and\nduration intended to guide or direct a person in the interests of\nthe person’s safety where there is an imminent risk of harm.\n\nPart 2 Objects, important concepts and principles\nSection 8\npage 6 Senior Practitioner Act 2018\nEffective: 26/11/25\nR7\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nseclusion means the sole confinement of a person, at any time of the\nday or night, in a room or other space from which free exit is\nprevented, either implicitly or explicitly, or not facilitated.\nExamples\n1 A person in disability group accommodation is sent by the provider for ‘time\nout’ in a quiet space and told they are not allowed to leave the space until the\nprovider tells them.\n2 A young person living in residential care is told by the provider that they must\nnot leave their bedroom at night after 9 pm.\n8 Meaning of provider\n(1) In this Act:\nprovider—\n(a) means a person or other entity who provides any of the following\nservices to another person:\n(i) education;\n(ii) disability;\n(iii) care and protection of children;\n(iv) a service prescribed by regulation; but\n(b) does not include—\n(i) a close family member of the other person; or\n(ii) an informal carer for the other person; or\n(iii) an exempt entity.\n(2) In this section:\nclose family member, of a person, means—\n(a) the domestic partner of the person; or\n(b) a parent or step-parent of the person; or\n\nObjects, important concepts and principles Part 2\nSection 8\nR7\n26/11/25\nSenior Practitioner Act 2018\nEffective: 26/11/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) a sibling or step-sibling of the person; or\n(d) a child or stepchild of the person, or another child for whom the\nperson has parental responsibility.\nexempt entity means—\n(a) a person exercising a function under—\n(i) the Corrections Management Act 2007; or\n(ii) the Children and Young People Act 2008, chapters 4 to 9\n(the criminal matters chapters); or\n(iii) the Mental Health Act 2015; or\n(iv) the Mental Health (Secure Facilities) Act 2016; or\n(b) a police officer acting under lawful authority; or\n(c) a person or other entity prescribed by regulation.\ninformal carer, of a person, means an individual who—\n(a) provides personal care, support or assistance to the other person;\nbut\n(b) does not provide the care, support or assistance—\n(i) under a contract of service or a contract for the provision\nof services; or\n(ii) in the course of doing voluntary work for a charitable,\nwelfare or community organisation; or\n(iii) as part of the requirements of a course of education or\ntraining.\n\nPart 2 Objects, important concepts and principles\nSection 9\npage 8 Senior Practitioner Act 2018\nEffective: 26/11/25\nR7\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n9 Principles for providers\n(1) This section sets out principles to be taken into account by providers\nin providing services to people with behaviour that causes harm to\nthemselves or others.\n(2) The service must be provided in a way that—\n(a) promotes the person’s—\n(i) development and physical, mental, social and vocational\nability; and\n(ii) opportunities for participation and inclusion in the\ncommunity; and\n(b) responds to the person’s needs and goals; and\n(c) ensures that, in the development of strategies for the person’s\ncare and support, the provider works closely with the person and\ntheir family, their carers, any guardian or advocate for the person\nand any other relevant person; and\n(d) recognises that—\n(i) a person must be assumed to have decision-making\ncapacity unless it is established that they do not; and\n(ii) a person must not be treated as being unable to make a\ndecision unless all practicable steps to help them do so\nhave been taken; and\n(iii) a person must not be treated as being unable to make a\ndecision only because they make an unwise decision; and\n(e) involves—\n(i) positive behaviour support planning informed by\nevidence-based best practice; and\n\nObjects, important concepts and principles Part 2\nSection 9\nR7\n26/11/25\nSenior Practitioner Act 2018\nEffective: 26/11/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) the implementation of strategies, to produce behavioural\nchange, focussed on skills development and environmental\ndesign; and\n(f) ensures transparency and accountability in the use of restrictive\npractices; and\n(g) recognises that restrictive practices should only be used—\n(i) as a last resort and when necessary to prevent harm to the\nperson or others; and\n(ii) if the use is the least restrictive way of ensuring the safety\nof the person or others; and\n(h) recognises that restrictive practices should not be used\npunitively or in response to behaviour that does not cause harm\nto the person or others; and\n(i) aims to reduce or eliminate the need to use restrictive practices;\nand\n(j) ensures that any restrictive practices are only used in a way that\nis consistent with a positive behaviour support plan for the\nperson.\n\nPart 3 Restrictive practices and positive behaviour support plans\nDivision 3.1 Limitation on use of restrictive practices\nSection 10\npage 10 Senior Practitioner Act 2018\nEffective: 26/11/25\nR7\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Restrictive practices and positive\nbehaviour support plans\nDivision 3.1 Limitation on use of restrictive\npractices\n10 Use of restrictive practice\nA provider, or a relevant person for a provider, must not use a\nrestrictive practice on a person unless—\n(a) it is used in accordance with a registered positive behaviour\nsupport plan for the person; or\n(b) each of the following applies:\n(i) the provider or relevant person believes on reasonable\ngrounds that it is necessary to use the restrictive practice to\navoid imminent harm to the person or others;\n(ii) the restrictive practice is the least restrictive of the person\nas is possible in the circumstances having regard to—\n(A) the kinds of restrictive practices that may be used; and\n(B) how the restrictive practice is applied; and\n(C) how long the restrictive practice is applied;\n(iii) if practicable—the use of the restrictive practice is\nauthorised by the person in charge of the provider.\n\nRestrictive practices and positive behaviour support plans Part 3\nLimitation on use of restrictive practices Division 3.1\nSection 10A\nR7\n26/11/25\nSenior Practitioner Act 2018\nEffective: 26/11/25\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n10A Use of restrictive practice other than under a registered\npositive behaviour support plan—reporting\n(1) This section applies if a provider, or a relevant person for a provider,\nuses a restrictive practice on a person under the circumstances\nmentioned in section 10 (b).\n(2) The provider must give the senior practitioner a report about the use\nof the restrictive practice within 5 days after the restrictive practice is\nused.\n(3) A report under subsection (2) must—\n(a) be made in accordance with any guideline made under\nsection 27; and\n(b) state the following:\n(i) the name of the person on whom the restrictive practice\nwas used;\n(ii) whether the person was a child when the restrictive practice\nwas used;\n(iii) the kind of restrictive practice used;\n(iv) for how long the restrictive practice was used;\n(v) the reason why the restrictive practice was used;\n(vi) what prior attempt (if any) was made to avoid the use of\nthe restrictive practice;\n(vii) the effect of the restrictive practice on the person’s\nbehaviour;\n(viii) the name of the person who authorised the use of the\nrestrictive practice (if relevant);\n(ix) the name of the person who used the restrictive practice.\n\nPart 3 Restrictive practices and positive behaviour support plans\nDivision 3.2 Positive behaviour support plans\nSection 11\npage 12 Senior Practitioner Act 2018\nEffective: 26/11/25\nR7\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 3.2 Positive behaviour support plans\n11 Meaning of positive behaviour support plan\nA positive behaviour support plan is a plan for a person that describes\nthe strategies to be used in supporting the person’s behaviour,\nincluding strategies to—\n(a) build on the person’s strengths and increase their life skills; and\n(b) reduce the intensity, frequency and duration of behaviour that\ncauses harm to the person or others.\n12 Guidelines about positive behaviour support plans\n(1) The senior practitioner must make guidelines about positive\nbehaviour support plans, including—\n(a) the content of plans; and\n(b) the preparation of plans; and\n(c) the assessment and approval of plans; and\n(d) the review and amendment of plans; and\n(e) notifying the senior practitioner about the use of restrictive\npractices under plans.\n(2) Guidelines for subsection (1) (a) must require a positive behaviour\nsupport plan for a person to include—\n(a) in relation to behaviour of the person that is causing harm to the\nperson or others, a description of—\n(i) the intensity, frequency and duration of the behaviour; and\n(ii) the consequences of the behaviour; and\n(iii) the early warning signs and triggers for the behaviour, if\nknown; and\n\nRestrictive practices and positive behaviour support plans Part 3\nPositive behaviour support plans Division 3.2\nSection 12\nR7\n26/11/25\nSenior Practitioner Act 2018\nEffective: 26/11/25\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the positive strategies that must be attempted before using a\nrestrictive practice; and\n(c) for each restrictive practice proposed to be used—\n(i) the circumstances in which the restrictive practice is to be\nused; and\n(ii) the procedure for using the restrictive practice, including\nobservations and monitoring that must happen while the\nrestrictive practice is being used; and\n(iii) any other measure that must happen while the restrictive\npractice is being used that is necessary to ensure the\nperson’s proper care and treatment and that the person is\nsafeguarded from abuse, neglect and exploitation; and\n(iv) the intervals at which use of the restrictive practice must be\nreviewed by the provider.\n(3) Guidelines for subsection (1) (b) must require a provider, in preparing\na positive behaviour support plan for a person, to—\n(a) consult as appropriate with the person, their family, carers, any\nguardian or advocate for the person and any other relevant\nperson; and\n(b) use the assistance of a person with professional expertise or\nappropriate experience in relation to positive behaviour support.\n(4) Guidelines for subsection (1) (c) must require the assessment of a plan\nto be done by a panel that is independent of the provider.\n(5) In developing guidelines under this section, the senior practitioner\nmust consult as appropriate with relevant stakeholders and\ncommunity members.\n(6) A guideline is a disallowable instrument.\n\nPart 3 Restrictive practices and positive behaviour support plans\nDivision 3.2 Positive behaviour support plans\nSection 13\npage 14 Senior Practitioner Act 2018\nEffective: 26/11/25\nR7\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n13 Preparation of positive behaviour support plan\nA provider may prepare a positive behaviour support plan for a person\nand give the plan to a panel for approval.\n14 Approval of positive behaviour support plan\n(1) A panel that receives a positive behaviour support plan for approval\nunder section 13 must assess the plan and decide whether or not to\napprove the plan.\n(2) The panel may approve the plan only if satisfied—\n(a) the plan is consistent with the guidelines made under section 12;\nand\n(b) any restrictive practice included in the plan is necessary to\nprevent harm to the person or others and is the least restrictive\napproach reasonably available.\n(3) The panel must give written reasons for its decision to the provider.\n15 Registration of positive behaviour support plan\n(1) A provider may apply to the senior practitioner for registration of a\npositive behaviour support plan approved under section 14.\n(2) The application must be in writing and include—\n(a) the name and business address of the provider; and\n(b) a copy of the plan; and\n(c) the written reasons of the positive behaviour support panel for\napproval of the plan; and\n(d) any other matter prescribed by regulation.\nNote It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n\nRestrictive practices and positive behaviour support plans Part 3\nPositive behaviour support plans Division 3.2\nSection 16\nR7\n26/11/25\nSenior Practitioner Act 2018\nEffective: 26/11/25\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The senior practitioner may, in writing, require the provider to give\nthe senior practitioner additional information the senior practitioner\nreasonably needs to decide the application.\n(4) If the provider does not comply with the requirement within 28 days\nafter the day the request is made, the senior practitioner may refuse\nto consider the application further and the application will lapse.\n(5) On application, the senior practitioner must either—\n(a) register the positive behaviour support plan; or\n(b) refuse to register the plan.\n(6) The senior practitioner may register the plan only if satisfied—\n(a) the plan is consistent with the guidelines made under section 12;\nand\n(b) any restrictive practice included in the plan is necessary to\nprevent harm to the person or others and is the least restrictive\napproach reasonably available.\n16 Copy of positive behaviour support plan to be given to\nperson etc\nOn registration of a positive behaviour support plan, the provider in\nrelation to the plan must give a copy of the plan to—\n(a) the person who is the subject of the plan; and\n(b) if the person has a guardian—the person’s guardian; and\n(c) if the person is a child—\n(i) each person with parental responsibility for the child; and\n(ii) the public advocate.\n\nPart 3 Restrictive practices and positive behaviour support plans\nDivision 3.2 Positive behaviour support plans\nSection 17\npage 16 Senior Practitioner Act 2018\nEffective: 26/11/25\nR7\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n17 Review and amendment of positive behaviour support\nplan\n(1) The provider in relation to a registered positive behaviour support\nplan must keep the plan under review and take steps to have it\namended whenever necessary to reflect a change in circumstances.\nExample\nIf a plan includes a restrictive practice and it becomes no longer necessary to use\nthe restrictive practice.\n(2) The provider must review the plan at any time on written request of\nthe person who is the subject of the plan.\n(3) If the person has difficulty putting the request in writing, the provider\nmust give the person reasonable assistance to do so.\n18 Positive behaviour support plan expires after 12 months\nA registered positive behaviour support plan expires 12 months after\nthe day the plan is registered.\n19 Register of positive behaviour support plans\n(1) The senior practitioner must keep a register of positive behaviour\nsupport plans registered under section 15.\n(2) The register must include the following details for each plan:\n(a) the name of the provider that applied for registration of the plan;\n(b) particulars of the panel that approved the plan;\n(c) particulars of the plan;\n(d) the date the plan was registered;\n(e) the date the plan expires;\n(f) anything else prescribed by regulation.\n\nRestrictive practices and positive behaviour support plans Part 3\nPositive behaviour support panels Division 3.3\nSection 20\nR7\n26/11/25\nSenior Practitioner Act 2018\nEffective: 26/11/25\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The register may—\n(a) include any other information the senior practitioner considers\nrelevant; and\n(b) be kept in any form, including electronically, that the senior\npractitioner decides.\n(4) The senior practitioner may—\n(a) correct a mistake, error or omission in the register; and\n(b) change a detail included in the register to keep the register\nup-to-date.\n20 Provider to monitor and record use of restrictive\npractices\nThe provider in relation to a registered positive behaviour support\nplan must—\n(a) monitor and make a record of any use of restrictive practices\nunder the plan; and\n(b) notify the senior practitioner about the use of restrictive\npractices in accordance with section 10A and any guidelines\nmade under section 12 or section 27.\nDivision 3.3 Positive behaviour support panels\n21 Guidelines about positive behaviour support panels\n(1) The senior practitioner must make guidelines about the composition\nof positive behaviour support panels, including the experience,\nqualifications and membership needed.\n(2) A guideline is a disallowable instrument.\n\nPart 3 Restrictive practices and positive behaviour support plans\nDivision 3.3 Positive behaviour support panels\nSection 22\npage 18 Senior Practitioner Act 2018\nEffective: 26/11/25\nR7\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n22 Registration of positive behaviour support panels\n(1) A person may apply to the senior practitioner for registration of a\npositive behaviour support panel.\n(2) The application must be in writing and include—\n(a) the name and business address of the applicant; and\n(b) particulars of each member of the proposed panel, including the\nmember’s—\n(i) name; and\n(ii) contact details; and\n(iii) experience and qualifications; and\n(c) any other matter prescribed by regulation.\nNote It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n(3) The senior practitioner may, in writing, require the applicant to give\nthe senior practitioner additional information the senior practitioner\nreasonably needs to decide the application.\n(4) If the applicant does not comply with the requirement within 28 days\nafter the day the request is made, the senior practitioner may refuse\nto consider the application further and the application will lapse.\n(5) On application, the senior practitioner must either—\n(a) register the panel; or\n(b) refuse to register the panel.\n\nRestrictive practices and positive behaviour support plans Part 3\nPositive behaviour support panels Division 3.3\nSection 23\nR7\n26/11/25\nSenior Practitioner Act 2018\nEffective: 26/11/25\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n23 Register of positive behaviour support panels\n(1) The senior practitioner must keep a register of positive behaviour\nsupport panels registered under section 22.\n(2) The register must include the following details for each panel:\n(a) the name of the person who applied for registration of the panel;\n(b) a nominated contact person for the panel, including their contact\ndetails;\n(c) particulars of the panel;\n(d) the date the panel was registered.\n(3) The register may—\n(a) include any other information the senior practitioner considers\nrelevant; and\n(b) be kept in any form, including electronically, that the senior\npractitioner decides.\n(4) The senior practitioner may—\n(a) correct a mistake, error or omission in the register; and\n(b) change a detail included in the register to keep the register\nup-to-date.\n\nPart 4 Senior practitioner\nSection 24\npage 20 Senior Practitioner Act 2018\nEffective: 26/11/25\nR7\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Senior practitioner\n24 Appointment of senior practitioner\n(1) The director-general must appoint a public servant as the Senior\nPractitioner.\nNote For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\n(2) The director-general may appoint a person as the senior practitioner\nonly if satisfied that the person has the qualifications, clinical\nexperience and personal qualities necessary to exercise the senior\npractitioner’s functions.\n(3) An appointment is a notifiable instrument.\n25 Delegation by senior practitioner\n(1) The senior practitioner may delegate the senior practitioner’s\nfunctions under this Act to another public servant.\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n(2) The senior practitioner may delegate a function to a person only if the\nsenior practitioner is satisfied that the person has the training,\nexperience and personal qualities necessary to exercise the function.\n26 Functions of senior practitioner\nThe senior practitioner has the following functions:\n(a) to promote the reduction and elimination of the use of restrictive\npractices by providers to the greatest extent possible;\n(b) to oversee the use of restrictive practices in accordance with this\nAct;\n\nSenior practitioner Part 4\nSection 26\nR7\n26/11/25\nSenior Practitioner Act 2018\nEffective: 26/11/25\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) to ensure, to the greatest extent possible, that—\n(i) the rights of people who may be subject to restrictive\npractices are protected; and\n(ii) providers comply with any applicable guidelines and\nstandards on the use of restrictive practices;\n(d) to develop guidelines and standards on the use of restrictive\npractices;\n(e) to disseminate information, and provide education about\nrestrictive practices and the rights of people who may be subject\nto restrictive practices;\n(f) to give advice to providers about reducing and eliminating the\nuse of restrictive practices;\n(g) to give advice to people who may be subject to restrictive\npractices;\n(h) to give directions to providers about the use of restrictive\npractices under positive behaviour support plans;\n(i) to develop links and access to professionals, professional bodies\nand academic institutions for the purpose of promoting\nknowledge and training in restrictive practices;\n(j) to carry out research into the reduction, elimination and use of\nrestrictive practices and provide information on best practice\noptions to providers;\n(k) to undertake any other function relating to a person or class of\npeople as may be directed, in writing, by the director-general;\n(l) any other function given to the senior practitioner under this Act\nor another territory law.\nNote A provision of a law that gives an entity (including a person) a function\nalso gives the entity powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 and dict, pt 1, def entity).\n\nPart 4 Senior practitioner\nSection 27\npage 22 Senior Practitioner Act 2018\nEffective: 26/11/25\nR7\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n27 Senior practitioner may make guidelines\n(1) The senior practitioner may make guidelines for this Act consistent\nwith its objects, including guidelines in relation to the use of\nrestrictive practices.\nNote The senior practitioner is required to make guidelines about certain\nmatters in relation to positive behaviour support plans (see s 12) and\npositive behaviour support panels (see s 21).\n(2) In developing guidelines under this section, the senior practitioner\nmust consult as appropriate with relevant stakeholders and\ncommunity members.\n(3) A guideline may apply, adopt or incorporate an instrument, as in force\nfrom time to time.\nNote The text of an applied, adopted or incorporated law or instrument,\nwhether applied as in force from time to time or at a particular time, is\ntaken to be a notifiable instrument if the operation of the Legislation Act,\ns 47 (5) or (6) is not disapplied (see s 47 (7)).\n(4) A guideline is a disallowable instrument.\n\nComplaints and investigations Part 5\nComplaints Division 5.1\nSection 28\nR7\n26/11/25\nSenior Practitioner Act 2018\nEffective: 26/11/25\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Complaints and investigations\nDivision 5.1 Complaints\n28 Making a complaint\n(1) A person may complain to the senior practitioner about—\n(a) anything done by a provider in relation to a positive behaviour\nsupport plan that permits the use of a restrictive practice,\nincluding its development or implementation; or\n(b) the use of a restrictive practice by a provider.\nNote Complaints may also be made to the human rights commission\n(www.hrc.act.gov.au) about a range of services, for example health\nservices, disability services and services for children and young people.\n(2) A complaint may be made by the person who is the subject of a\npositive behaviour support plan or anyone else.\n(3) The complaint must be in writing and include the name and address\nof the person making the complaint (the complainant).\n(4) However, the complaint—\n(a) may be made orally if the senior practitioner is satisfied on\nreasonable grounds that exceptional circumstances justify action\nwithout a written complaint; and\n(b) need not include the complainant’s name and address if the\nsenior practitioner is satisfied on reasonable grounds that\nexceptional circumstances justify action without the\ncomplainant’s name and address.\nExample—exceptional circumstances\nWaiting until the complaint is put in writing would make action in response to the\ncomplaint impossible or impractical.\n\nPart 5 Complaints and investigations\nDivision 5.1 Complaints\nSection 29\npage 24 Senior Practitioner Act 2018\nEffective: 26/11/25\nR7\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) If the complaint is made orally, the senior practitioner must make a\nwritten record of the complaint as soon as practicable after receiving\nthe complaint.\n(6) If a complaint does not include the complainant’s name and address,\nthe senior practitioner need not report to the complainant under—\n(a) section 31 (Investigation of complaint); or\n(b) section 38 (No action to be taken).\n(7) The senior practitioner may make arrangements for people with\nparticular communication needs to ensure they have adequate\nopportunity to make a complaint.\n29 Withdrawing a complaint\n(1) A complainant may withdraw the complaint at any time by written\nnotice to the senior practitioner.\n(2) If the complainant has difficulty putting the notice in writing, the\nsenior practitioner must give the complainant reasonable assistance\nto do so.\n(3) If the complainant withdraws the complaint, the senior practitioner\nneed not, but may, take further action on the complaint.\n30 Request for further information or verification\n(1) The senior practitioner may at any time request a complainant to give\nthe senior practitioner—\n(a) further information about the complaint; or\n(b) a written statement verifying all or part of the complaint.\n(2) If the senior practitioner makes a request under this section, the senior\npractitioner must give the complainant a reasonable period of time to\nsatisfy the request and may extend the period, whether before or after\nit ends.\n\nComplaints and investigations Part 5\nInvestigations Division 5.2\nSection 31\nR7\n26/11/25\nSenior Practitioner Act 2018\nEffective: 26/11/25\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) If the complainant does not comply with the request, the senior\npractitioner need not, but may, take further action on the complaint.\nDivision 5.2 Investigations\n31 Investigation of complaint\n(1) The senior practitioner must take reasonable steps to investigate each\ncomplaint made to the senior practitioner.\n(2) However, the senior practitioner need not investigate a complaint if\nsatisfied that the complaint—\n(a) is frivolous, vexatious or was not made honestly; or\n(b) lacks substance; or\n(c) cannot be made under this Act; or\n(d) would be better dealt with by another entity; or\n(e) is otherwise not appropriate for the senior practitioner to\ninvestigate.\nExamples\n1 The matters raised by the complaint have been or are being dealt with\nby a court of tribunal, or are being or have already been dealt with by\nthe senior practitioner.\n2 It would be more appropriate for the matters raised by the complaint to\nbe dealt with by another entity.\n(3) The senior practitioner may refer a complaint to another entity if\nsatisfied that it would be more appropriate for the other entity to deal\nwith the complaint.\n(4) Before investigating a complaint, the senior practitioner must—\n(a) tell the complainant in writing that the complaint is to be\ninvestigated; and\n\nPart 5 Complaints and investigations\nDivision 5.2 Investigations\nSection 32\npage 26 Senior Practitioner Act 2018\nEffective: 26/11/25\nR7\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) tell the provider the subject of the complaint in writing—\n(i) that the senior practitioner has received a complaint about\nthe provider; and\n(ii) the details of the complaint; and\n(iii) that the senior practitioner is going to investigate the\ncomplaint; and\n(iv) that the provider may make an oral or written submission\nto the senior practitioner about the complaint.\n(5) However, if the senior practitioner considers that disclosure of a\nparticular detail of the complaint (including the relevant person’s\nname or address) may have an adverse effect on the relevant person,\nthe senior practitioner—\n(a) must not disclose the detail; and\n(b) may instead include a general statement about the detail.\n(6) In this section:\nrelevant person means—\n(a) a person who is the subject of a positive behaviour support plan\nabout which a complaint is made; or\n(b) a person who is subject to a restrictive practice about which a\ncomplaint is made; or\n(c) if a complainant is not a person mentioned in paragraph (a)\nor (b)—the complainant.\n32 Investigation without complaint\n(1) The senior practitioner may, on the senior practitioner’s own\ninitiative, investigate—\n(a) anything done by a provider in relation to a positive behaviour\nsupport plan, including its development or implementation; or\n\nComplaints and investigations Part 5\nInvestigations Division 5.2\nSection 33\nR7\n26/11/25\nSenior Practitioner Act 2018\nEffective: 26/11/25\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the use of a restrictive practice by a provider.\n(2) An investigation initiated by the senior practitioner must, as far as\npracticable, be conducted as if it were an investigation of a complaint.\n33 Power to enter premises to conduct investigation\n(1) This section applies if the senior practitioner believes on reasonable\ngrounds that a restrictive practice is being used by a provider at a\nparticular place or the senior practitioner receives a complaint about\na restrictive practice used at a particular place.\n(2) The senior practitioner may—\n(a) enter the place, other than a part of the place used for residential\npurposes unless that part is also the place restrictive practices\nare being used; and\n(b) carry out an investigation into the restrictive practices used by\nthe provider, which may include the following:\n(i) inspecting the place or a thing at the place;\n(ii) seeing or interviewing a person who is or may be subject\nto restrictive practices at the place;\n(iii) seeing or interviewing any person believed to be involved\nin the development, administration or implementation of\nrestrictive practices at the place;\n(iv) inspecting, copying or removing documents relating to\nrestrictive practices or a person subject to restrictive\npractices;\n(v) using any equipment reasonably required to effectively\ninvestigate restrictive practices used by the provider.\nExamples—equipment reasonably required\n• a camera\n• a recording device\n\nPart 5 Complaints and investigations\nDivision 5.2 Investigations\nSection 34\npage 28 Senior Practitioner Act 2018\nEffective: 26/11/25\nR7\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) If the senior practitioner wants to interview a person who is or may\nbe subject to restrictive practices, the senior practitioner must—\n(a) tell the person that the public advocate, or someone else chosen\nby the person, (a support person) may be present to provide\nsupport or assistance to the person during the interview; and\n(b) if the person decides to have a support person present—assist\nthe person to contact the support person.\n(4) The senior practitioner may interview a person without a support\nperson if—\n(a) after the senior practitioner has taken all practicable steps to help\nthe person decide about having a support person present, the\nperson is unable or unwilling to choose a support person; or\n(b) in the circumstances it is not practicable for a support person to\nattend the interview within a reasonable time.\n34 Power to ask for information, documents and other\nthings when conducting investigation\n(1) This section applies if the senior practitioner believes on reasonable\ngrounds that a person can provide information or produce a document\nor something else relevant to an investigation under this division.\n(2) The senior practitioner may, by written notice given to the person,\nrequire the person to provide the information or produce the\ndocument or other thing.\n(3) The notice must state how, and the time within which, the person must\ncomply with the requirement.\n\nComplaints and investigations Part 5\nInvestigations Division 5.2\nSection 35\nR7\n26/11/25\nSenior Practitioner Act 2018\nEffective: 26/11/25\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n35 Power to ask for assistance\n(1) The senior practitioner may ask a provider for assistance in the\nexercise of the senior practitioner’s functions, including asking a\nprovider to—\n(a) produce a document or thing; or\n(b) provide an answer to a question.\n(2) A provider must give the senior practitioner any reasonable assistance\nthe senior practitioner asks for under subsection (1).\n36 Senior practitioner may keep document or other thing etc\n(1) If a document or something else is obtained under this division, the\nsenior practitioner—\n(a) may take possession of, make copies of, or take extracts from,\nthe document or may take possession of the other thing; and\n(b) may keep the document or other thing for a period (the retention\nperiod) that is necessary for the consideration to which the\ndocument or thing relates; and\n(c) must, during the retention period, allow anyone who would\nordinarily be entitled to inspect the document or other thing if it\nwere not in the possession of the senior practitioner, to copy or\ntake extracts or inspect the document or other thing.\n(2) The senior practitioner must return a document or something else\nobtained under this division if the senior practitioner is no longer\nentitled, or no longer needs, to keep the document or thing to carry\nout the senior practitioner’s functions.\n\nPart 5 Complaints and investigations\nDivision 5.3 Actions after investigation\nSection 37\npage 30 Senior Practitioner Act 2018\nEffective: 26/11/25\nR7\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n37 Privileges against self-incrimination and exposure to civil\npenalty\n(1) This section applies if a person is required by a notice under\nsection 34 to produce a document or other thing or provide an answer\nto a question.\n(2) The person cannot rely on the common law privileges against\nself-incrimination and exposure to the imposition of a civil penalty to\nrefuse to produce the document or other thing or answer the question.\nNote The Legislation Act, s 171 deals with client legal privilege.\n(3) However, any document or other thing obtained, or answer provided,\ndirectly or indirectly, because of the answering of the question or the\nproducing of the document or other thing, is not admissible in\nevidence against the person in a criminal or civil proceeding, other\nthan a proceeding for an offence in relation to the falsity of the\ninformation, document, other thing or answer.\nDivision 5.3 Actions after investigation\n38 No action to be taken\n(1) If, after investigating a complaint, the senior practitioner is not\nsatisfied that any action needs to be taken in relation to the provider,\nthe senior practitioner must—\n(a) tell the complainant, in writing, that the senior practitioner will\ntake no further action on the complaint; and\n(b) take no further action on the complaint.\n(2) Subsection (1) (b) does not prevent the senior practitioner from\ntaking further action on a complaint or investigating another\ncomplaint in relation to the same matter at a later date.\n\nComplaints and investigations Part 5\nActions after investigation Division 5.3\nSection 39\nR7\n26/11/25\nSenior Practitioner Act 2018\nEffective: 26/11/25\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n39 Directions to provider\n(1) This section applies if, after investigating a complaint, the senior\npractitioner is satisfied on reasonable grounds that action needs to be\ntaken in relation to the provider.\nExamples\n1 The provider is using a restrictive practice on a person other than in accordance\nwith a registered positive behaviour support plan.\n2 The use of a restrictive practice is not the least restrictive approach reasonably\navailable or is otherwise inappropriate.\n(2) The senior practitioner may give the provider a direction in relation\nto any of the following:\n(a) a positive behaviour support plan, including amending the plan\nor preparing a new plan;\n(b) the use of a restrictive practice, including changing or stopping\nthe use of a restrictive practice;\n(c) a matter prescribed by regulation.\n(3) A direction—\n(a) may include any reasonable condition the senior practitioner\nconsiders appropriate; and\n(b) may be contrary to a registered positive behaviour support plan;\nand\n(c) must be in writing and state—\n(i) the period for compliance with the direction; and\n(ii) if there is a registered positive behaviour support plan—\nthat the senior practitioner may cancel the registration of\nthe plan if the provider does not comply with the direction\nwithin the stated period.\n(4) If a provider receives a direction under this section, the provider must\ncomply with the direction.\n\nPart 5 Complaints and investigations\nDivision 5.3 Actions after investigation\nSection 40\npage 32 Senior Practitioner Act 2018\nEffective: 26/11/25\nR7\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) If the direction requires a new or amended positive behaviour support\nplan, the provider must give a copy of the plan as registered to—\n(a) the person who is the subject of the plan; and\n(b) if the person has a guardian—the person’s guardian; and\n(c) if the person is a child—\n(i) each person with parental responsibility for the child; and\n(ii) the public advocate.\n(6) On giving a direction to a provider in relation to a positive behaviour\nsupport plan, the senior practitioner must offer to give the provider\nadvice to assist in the development of strategies to support the\nbehaviour of the person who is the subject of the plan.\n40 Senior practitioner may cancel registration\n(1) This section applies if—\n(a) the senior practitioner gives a direction to a provider under\nsection 39 in relation to a positive behaviour support plan; and\n(b) the provider fails to comply with the direction.\n(2) The senior practitioner must give the provider notice of the senior\npractitioners’ intention to cancel the plan.\n(3) The notice must be in writing and state that—\n(a) the senior practitioner intends to cancel the registration of the\nplan because of the provider’s failure to comply with the\ndirection; and\n(b) the provider may give a written submission to the senior\npractitioner showing cause why the registration should not be\ncancelled; and\n(c) a submission may be given to the senior practitioner within a\nperiod stated in the notice.\n\nComplaints and investigations Part 5\nActions after investigation Division 5.3\nSection 41\nR7\n26/11/25\nSenior Practitioner Act 2018\nEffective: 26/11/25\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) If the provider makes a submission in accordance with the notice, the\nsenior practitioner—\n(a) must consider the submission; and\n(b) may consider any other relevant matter; and\n(c) must decide to either—\n(i) cancel the registration of the positive behaviour support\nplan; or\n(ii) not to cancel the registration.\n(5) If the provider does not make a submission in accordance with the\nnotice, the senior practitioner must cancel the registration.\n(6) If the senior practitioner decides not to cancel the registration, the\nsenior practitioner must tell the provider about the decision.\n41 Cancellation notice\n(1) This section applies if the senior practitioner decides to cancel the\nregistration of a positive behaviour support plan under section 40.\n(2) The senior practitioner must give a written notice (a cancellation\nnotice) to the provider cancelling the registration starting on the date\nstated in the notice.\n(3) If the senior practitioner gives a cancellation notice to the provider,\nthe senior practitioner must also take reasonable steps to tell any\nperson whose interests are affected under the positive behaviour\nsupport plan about the cancellation.\n(4) The cancellation notice must be given to the provider before the date\nof cancellation stated in the notice.\n\nPart 6 Information sharing\nSection 42\npage 34 Senior Practitioner Act 2018\nEffective: 26/11/25\nR7\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 6 Information sharing\n42 Senior practitioner may give information to particular\nentities\n(1) The senior practitioner may give protected information to any of the\nfollowing if satisfied on reasonable grounds that the information is\nnecessary for the exercise of the senior practitioner’s or entity’s\nfunctions:\n(a) the director-general responsible for the Education Act 2004;\n(b) the director-general responsible for the Education and Care\nServices National Law (ACT);\n(c) the director-general responsible for the Health Act 1993;\n(d) the director-general responsible for the Children and Young\nPeople Act 2008, other than chapter 20 of that Act;\n(e) the chief executive officer of the ACT Teacher Quality Institute;\n(f) the commissioner for fair trading;\n(g) a member of the human rights commission;\n(h) an official visitor;\n(i) the ombudsman;\n(j) an entity the senior practitioner has referred a complaint to under\nsection 31;\n(k) the NDIS Quality and Safeguards Commission established\nunder the National Disability Insurance Scheme Act 2013\n(Cwlth), section 181A;\n(l) any other entity prescribed by regulation.\n\nInformation sharing Part 6\nSection 42\nR7\n26/11/25\nSenior Practitioner Act 2018\nEffective: 26/11/25\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The senior practitioner may give protected information to the chief\npolice officer if the senior practitioner is satisfied on reasonable\ngrounds that the information is necessary for an investigation into the\ncommission of an offence against a territory law.\n(3) In this section:\nprotected information means information about a person that is given\nto, or obtained by, the senior practitioner or any other person who has\nexercised a function under this Act, because of the exercise of a\nfunction under this Act by the senior practitioner or other person.\nExample\ninformation obtained by the senior practitioner in conducting an investigation\n\nPart 7 Notification and review of decisions\nSection 43\npage 36 Senior Practitioner Act 2018\nEffective: 26/11/25\nR7\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 7 Notification and review of\ndecisions\n43 Meaning of reviewable decision—pt 7\nIn this part:\nreviewable decision means a decision mentioned in\nschedule 1, column 3 under a provision of this Act mentioned in\ncolumn 2 in relation to the decision.\n44 Reviewable decision notices\nIf a person makes a reviewable decision, the person must give a\nreviewable decision notice to each entity mentioned in schedule 1,\ncolumn 4 in relation to the decision.\nNote The person must also take reasonable steps to give a reviewable decision\nnotice to any other person whose interests are affected by the decision\n(see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n45 Applications for review\nThe following people may apply to the ACAT for review of a\nreviewable decision:\n(a) an entity mentioned in schedule 1, column 4 in relation to the\ndecision;\n(b) any other person whose interests are affected by the decision.\n\nOffences Part 8\nSection 46\nR7\n26/11/25\nSenior Practitioner Act 2018\nEffective: 26/11/25\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 8 Offences\n46 Using restrictive practice other than in accordance with\nAct\n(1) A person commits an offence if the person—\n(a) is a provider or a relevant person for a provider; and\n(b) fails to comply with section 10 (Use of restrictive practice).\nMaximum penalty: 50 penalty units.\n(2) A person commits an offence if the person—\n(a) is a provider; and\n(b) fails to comply with section 10A (Use of restrictive practice\nother than under a registered positive behaviour support plan—\nreporting).\nMaximum penalty: 50 penalty units.\n(3) This section does not apply to a relevant person for a provider if the\nperson was acting reasonably under the instruction or direction of the\nprovider or otherwise in accordance with the provider’s policy.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (3) (see Criminal Code, s 58).\n47 Failing to comply with direction\n(1) A provider commits an offence if—\n(a) the senior practitioner gives the provider a direction under\nsection 39; and\n(b) the provider fails to comply with the direction.\nMaximum penalty: 50 penalty units.\n(2) An offence against this section is a strict liability offence.\n\nPart 8 Offences\nSection 48\npage 38 Senior Practitioner Act 2018\nEffective: 26/11/25\nR7\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n48 Criminal liability of partner\n(1) This section applies if a partnership through a partner, servant or\nagent—\n(a) engages in conduct; and\n(b) the conduct is an offence against this Act.\n(2) Each partner (a liable partner) in the partnership is taken to commit\nthe offence.\n(3) It is a defence to a prosecution for an offence against this Act if a\nliable partner proves that—\n(a) the partner did not know about the conduct that constituted the\noffence; and\n(b) either—\n(i) the partner took reasonable precautions and exercised\nappropriate diligence to ensure the partnership did not\nengage in the conduct; or\n(ii) the partner was not in a position to influence the\npartnership in relation to the conduct.\nNote The defendant has a legal burden in relation to the matters mentioned in\ns (3) (see Criminal Code, s 59).\n49 Criminal liability of executive officer\n(1) An executive officer of a corporation is taken to commit an offence\nif—\n(a) the corporation commits an offence against this Act (a relevant\noffence); and\n(b) the officer was reckless about whether the relevant offence\nwould be committed; and\n\nOffences Part 8\nSection 49\nR7\n26/11/25\nSenior Practitioner Act 2018\nEffective: 26/11/25\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) the officer was in a position to influence the conduct of the\ncorporation in relation to the commission of the relevant\noffence; and\n(d) the officer failed to take reasonable steps to prevent the\ncommission of the relevant offence.\nMaximum penalty: The maximum penalty that may be imposed for\nthe commission of the offence by an individual.\n(2) Subsection (1) does not apply if the corporation would have a defence\nto a prosecution for the relevant offence.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (2) (see Criminal Code, s 58).\n(3) In deciding whether the executive officer took (or failed to take)\nreasonable steps to prevent the commission of the relevant offence, a\ncourt must consider the following:\n(a) any action the officer took directed towards ensuring the\nfollowing (to the extent that the action is relevant to the act or\nomission):\n(i) that the corporation arranges regular professional\nassessments of the corporation’s compliance with the\nprovision to which the relevant offence relates;\n(ii) that the corporation implements any appropriate\nrecommendation arising from such an assessment;\n(iii) that the corporation’s employees, agents and contractors\nhave a reasonable knowledge and understanding of the\nrequirement to comply with the provision to which the\nrelevant offence relates;\n(b) any action the officer took when the officer became aware that\nthe relevant offence was, or might be, about to be committed.\n(4) Subsection (3) does not limit the matters the court may consider.\n\nPart 8 Offences\nSection 49\npage 40 Senior Practitioner Act 2018\nEffective: 26/11/25\nR7\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) This section applies whether or not the corporation is prosecuted for,\nor convicted of, the relevant offence.\n(6) In this section:\nexecutive officer, of a corporation, means a person, however\ndescribed and whether or not the person is a director of the\ncorporation, who is concerned with, or takes part in, the corporation’s\nmanagement.\n\nMiscellaneous Part 9\nSection 50\nR7\n26/11/25\nSenior Practitioner Act 2018\nEffective: 26/11/25\npage 41\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 9 Miscellaneous\n50 Annual report by senior practitioner\n(1) The senior practitioner must, as soon as practicable after the end of a\nfinancial year, prepare a written report on the exercise of the senior\npractitioner’s functions for the year.\n(2) The senior practitioner must give a copy of the report to the\ndirector-general.\n(3) The director-general must include the report in the director-general’s\nannual report under the Annual Reports (Government Agencies)\nAct 2004, section 7.\n51 Protection of officials from liability\n(1) An official is not civilly liable for anything done or omitted to be done\nhonestly and without recklessness—\n(a) in the exercise of a function under this Act; or\n(b) in the reasonable belief that the act or omission was in the\nexercise of a function under this Act.\n(2) Any civil liability that would, apart from subsection (1), attach to an\nofficial attaches instead to the Territory.\n(3) In this section:\nofficial means—\n(a) the senior practitioner; or\n(b) any other person exercising a function under this Act.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n\nPart 9 Miscellaneous\nSection 52\npage 42 Senior Practitioner Act 2018\nEffective: 26/11/25\nR7\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n52 Protection of others from liability\n(1) Civil or criminal liability is not incurred only because of any of the\nfollowing done honestly and without recklessness:\n(a) the making of a complaint under this Act;\n(b) the making of a statement, or the giving of a document or\ninformation, as required or permitted under a territory law, to\nthe senior practitioner.\n(2) Also, giving any information honestly and without recklessness to the\nsenior practitioner is not—\n(a) a breach of confidence; or\n(b) a breach of professional etiquette or ethics; or\n(c) a breach of a rule of professional conduct.\n53 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may create offences and fix maximum penalties of not\nmore than 30 penalty units for the offences.\n\nReviewable decisions Schedule 1\nR7\n26/11/25\nSenior Practitioner Act 2018\nEffective: 26/11/25\npage 43\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Reviewable decisions\n(see pt 7)\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\nentity\n1 15 register positive\nbehaviour support plan\nperson the subject of plan\n2 15 refuse to register positive\nbehaviour support plan\napplicant for registration of plan\n3 22 refuse to register positive\nbehaviour support panel\napplicant for registration of\npanel\n4 39 give direction provider given direction\n5 40 cancel registration of\npositive behaviour\nsupport plan\n• person the subject of plan\n• provider responsible for\ncancelled plan\n\nDictionary\npage 44 Senior Practitioner Act 2018\nEffective: 26/11/25\nR7\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• Act\n• chief police officer\n• child\n• commissioner for fair trading\n• corporation\n• director-general (see s 163)\n• disallowable instrument (see s 9)\n• domestic partner (see s 169 (1))\n• entity\n• Executive\n• exercise\n• fail\n• financial year\n• human rights commission\n• in relation to\n• law\n• Minister (see s 162)\n• notifiable instrument (see s 10)\n• official visitor\n• ombudsman\n• parent\n• penalty unit (see s 133)\n• person (see s 160)\n• prescribed\n• public servant\n• regulation\n\nDictionary\nR7\n26/11/25\nSenior Practitioner Act 2018\nEffective: 26/11/25\npage 45\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n• reviewable decision\n• territory law.\ncomplainant—see section 28 (2).\nharm to a person, means—\n(a) physical harm to the person; or\n(b) a serious risk of physical harm to the person; or\n(c) damage to property involving a serious risk of physical harm to\nthe person.\npanel means a positive behaviour support panel.\nperson with parental responsibility, for a child, means a parent or\nsomeone else with parental responsibility for the child under the\nChildren and Young People Act 2008, division 1.3.2.\npositive behaviour support panel means a panel registered under\nsection 22.\npositive behaviour support plan—see section 11.\nprovider—see section 8.\nregistered, in relation to a positive behaviour support plan, means\nregistered under section 15.\nrelevant person, for a provider, means an employee, agent, contractor\nor other person acting under the direction or on behalf of the provider.\nrestrictive practice—see section 7.\nreviewable decision, for part 7 (Notification and review of\ndecisions)—see section 43.\nsenior practitioner means the Senior Practitioner appointed under\nsection 24.\n\nEndnotes\n1 About the endnotes\npage 46 Senior Practitioner Act 2018\nEffective: 26/11/25\nR7\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR7\n26/11/25\nSenior Practitioner Act 2018\nEffective: 26/11/25\npage 47\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nSenior Practitioner Act 2018 A2018-27\nnotified LR 15 August 2018\ns 1, s 2 commenced 15 August 2018 (LA s 75 (1))\npt 8 commenced 1 July 2020 (s 2 (2) as am by A2019-16 s 4)\nremainder commenced 1 September 2018 (s 2 (1))\nas amended by\nSenior Practitioner Amendment Act 2019 A2019-16\nnotified LR 14 June 2019\ns 1, s 2 commenced 14 June 2019 (LA s 75 (1))\nss 9-11 commenced 1 July 2020 (s 2 (2) and see A2018-27 s 2 (2) (as\nam by this Act s 4))\nremainder commenced 15 June 2019 (s 2 (1))\nSenior Practitioner Amendment Act 2021 A2021-17\nnotified LR 11 August 2021\ns 1, s 2 commenced 11 August 2021 (LA s 75 (1))\nremainder commenced 12 August 2021 (s 2)\nSenior Practitioner Amendment Act 2022 A2022-22\nnotified LR 9 December 2022\ns 1, s 2 commenced 9 December 2022 (LA s 75 (1))\nremainder commenced 9 June 2023 (s 2 and LA s 79)\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.85, sch 4\npt 4.164\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.85, sch 4 pt 4.164 commenced 26 November 2025 (s 2 (3),\n(9))\n\nEndnotes\n4 Amendment history\npage 48 Senior Practitioner Act 2018\nEffective: 26/11/25\nR7\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nCommencement\ns 2 am A2019-16 s 4\nom LA s 89 (4)\nMeaning of restrictive practice\ns 7 am A2019-16 s 5; A2022-22 s 4\nUse of restrictive practice\ns 10 sub A2019-16 s 6\nUse of restrictive practice other than under a registered positive behaviour\nsupport plan—reporting\ns 10A ins A2019-16 s 6\nGuidelines about positive behaviour support plans\ns 12 am A2025-29 amdt 4.165\nProvider to monitor and record use of restrictive practices\ns 20 am A2019-16 s 7\nGuidelines about positive behaviour support panels\ns 21 am A2025-29 amdt 4.165\nAppointment of senior practitioner\ns 24 am A2025-29 amdt 4.165\nSenior practitioner may make guidelines\ns 27 am A2025-29 amdt 4.165\nSenior practitioner may give information to particular entities\ns 42 am A2019-16 s 8; pars renum R2 LA\nReviewable decision notices\ns 44 am A2025-29 amdt 4.165\nUsing restrictive practice other than in accordance with Act\ns 46 hdg sub A2019-16 s 9\ns 46 am A2019-16 s 10, s 11\nCriminal liability of executive officer\ns 49 am A2025-29 amdt 3.312\nRegulation-making power\ns 53 am A2022-22 s 5; A2025-29 amdt 4.165\nReview of Act\ns 54 am A2021-17 s 4, s 5\nexp 1 September 2024 (s 54 (2))\nDictionary\ndict def positive behaviour support panel am A2019-16 s 12\ndef relevant person ins A2019-16 s 13\n\nEndnotes\nEarlier republications 5\nR7\n26/11/25\nSenior Practitioner Act 2018\nEffective: 26/11/25\npage 49\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n1 Sept 2018\n1 Sept 2018–\n14 June 2019\nnot amended new Act\nR2\n15 June 2019\n15 June 2019–\n30 June 2020\nA2019-16 amendments by\nA2019-16\nR3\n1 July 2020\n1 July 2020–\n11 Aug 2021\nA2019-16 commenced\nprovisions and\namendments by\nA2019-16\nR4\n12 Aug 2021\n12 Aug 2021–\n8 June 2023\nA2021-17 amendments by\nA2021-17\nR5\n9 June 2023\n9 June 2023–\n1 Sept 2024\nA2022-22 amendments by\nA2022-22\nR6\n2 Sept 2024\n2 Sept 2024–\n25 Nov 2025\nA2022-22 expiry of provision\n(s 54)\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act has expanded from the original core idea — appointing a Senior Practitioner and setting out high‑level limits on restrictive practices — into a detailed regulatory regime. Amendments and provisions added operational layers: mandatory reporting (s 10A), formal registration for both PBSPs and panels with procedural requirements and registers (ss 15, 19, 22–23), explicit investigatory and premises entry powers (ss 33–36), broader information‑sharing authorisations (s 42), and clearer corporate and executive officer liability provisions (s 49). These additions move the statute well beyond a statement of principles into a prescriptive compliance, enforcement and administrative architecture that imposes recurring obligations (annual plan expiry s 18), creates registries and disallowable‑instrument based guidance, and increases criminal and regulatory exposure for providers."},"complexity_factors":["Multiple core definitions that structure coverage and exceptions (restrictive practice, provider, relevant person, positive behaviour support plan, panel, protected information) — see s 7, s 8, dictionary.","Layered approval and registration process for PBSPs: preparation by provider, independent panel assessment, senior practitioner registration with further information powers and 28‑day lapse rules — see ss 13–16.","Annual expiry and ongoing review obligations for plans (s 18, s 17) create recurring administrative cycles.","Separate but overlapping guidance instruments: mandatory guidelines for PBSPs and panels (s 12, s 21) plus broad guideline‑making power for the Senior Practitioner (s 27); guidelines are disallowable instruments which adds constitutional procedural complexity.","Conditional emergency exception with fast reporting and detailed reporting content — creates tight timelines and substantive requirements (s 10, s 10A).","Significant investigatory powers with entry, inspection, seizure and compulsory production but constrained by evidentiary protections (ss 33–36, s 37).","Enforcement options range from directions and registration cancellation to criminal offences and executive officer liability — multiple liability streams and differing burdens of proof (ss 39–41, ss 46–49).","Extensive cross-references to other legislation and bodies (NDIS Commission, director‑general roles, ACAT reviewability, Criminal Code application) requiring cross‑statutory interpretation (s 5 note, s 42, Part 7).","Use of both administrative (directions, cancellation) and judicial/remedial routes (ACAT review, criminal prosecution) increases procedural varieties and potential appeals.","Regulation‑making powers and history of amendments — ongoing subordinate instruments and future changes can materially alter operation (s 53; amendment history in endnotes)."],"plain_english_summary":"**What this law does (mechanics)\n\n- Creates a Senior Practitioner role (a public servant appointed by the director-general) to oversee and regulate the use of \"restrictive practices\" in certain services (see s 24, s 26).  \n- Defines \"restrictive practice\" (things like physical, mechanical, chemical restraint, environmental restraint and seclusion) and excludes ordinary safety measures and prescribed exceptions (s 7).  \n- Makes it unlawful for a provider (education, disability, child protection and other prescribed services) or a relevant person (employee/agent/etc.) to use a restrictive practice except:  \n  - under a registered positive behaviour support plan (PBSP) for the person, or  \n  - in a genuine emergency to avoid imminent harm if the use is the least restrictive option and, where practicable, authorised by the person in charge of the provider (s 10).  \n- Requires urgent uses outside a registered PBSP to be reported to the Senior Practitioner within 5 days with specified detail (s 10A).  \n- Sets out how Positive Behaviour Support Plans must be prepared, assessed by independent panels, approved and then registered by the Senior Practitioner (ss 11–16). Registered plans must be reviewed and expire after 12 months (ss 17–19).  \n- Requires providers to monitor and record any use of restrictive practices under registered plans and to notify the Senior Practitioner as directed (s 20).  \n- Establishes a scheme to register positive behaviour support panels (those that assess PBSPs) including panel composition guidelines (ss 21–23).  \n- Gives the Senior Practitioner powers to make guidelines (disallowable instruments) about PBSPs and panels (s 12, s 21, s 27).  \n- Provides complaints and investigatory powers: any person can complain; the Senior Practitioner must take reasonable steps to investigate complaints (with exceptions); the Senior Practitioner may investigate on their own initiative; and may enter premises, interview people, inspect and seize documents and require production of information (Part 5, esp. ss 28–36, 33–36).  \n- After investigation the Senior Practitioner may take no action, issue directions to providers (including amending or stopping a PBSP), and cancel registration of a PBSP for non‑compliance (ss 38–41).  \n- Permits information sharing of \"protected information\" with a range of entities (education and health directorates, Human Rights Commission, NDIS Quality and Safeguards Commission, police for criminal investigations, and others) where reasonably necessary (s 42).  \n- Establishes offences and penalties for using restrictive practices contrary to the Act, for failing to report, and for failing to comply with directions (maximum penalties expressed in penalty units) and makes partners and executive officers criminally liable in certain circumstances (Part 8, esp. ss 46–49).  \n- Provides review rights to the ACT Civil and Administrative Tribunal (ACAT) for specified decisions (Part 7 and Schedule 1) and requires an annual report by the Senior Practitioner (s 50).\n\nWhy it matters (official purpose then practical consequences)\n\n- The Act's stated objects are to reduce and eliminate restrictive practices, ensure they are only used as a last resort and in the least restrictive way, protect human rights, safeguard people from harm and bring transparency and accountability (s 6).  \n\n- How the Act achieves that: it channels almost all lawful uses of restrictive practices into time‑limited, registered, panel‑approved PBSPs subject to monitoring, reporting and independent oversight (ss 10, 12–16, 19). It gives a central regulator (the Senior Practitioner) investigatory and enforcement powers to intervene where plans or uses are inappropriate (ss 26, 31–41).  \n\nPractical costs, incentives and trade-offs (mechanisms rather than judgment)\n\n- Who pays and who decides: providers bear the direct compliance costs (preparing PBSPs, engaging panel expertise, monitoring and reporting, training staff). The Senior Practitioner (a public servant) decides registration, issues guidelines and can issue directions or cancel registrations (ss 15, 26, 27, 39–41).  \n\n- Administrative and operating costs for providers: preparing PBSPs that meet guidelines, arranging independent panel assessment and annual renewals (ss 12–16, 18), keeping records and making rapid reports after emergency uses (s 10A(2), s 20). These are routine compliance costs that scale with the number of clients and incidents.  \n\n- Market effects and distributional features: compliance and registration requirements favour providers that can finance specialist assessment and administrative capacity. Smaller or informal providers (excluded by the definition) are carved out, but registered providers may face increased costs that either reduce margins or be passed on in price or service availability (s 8; note exempted persons in s 8(1)(b)).  \n\n- Incentives for safer practice and risk aversion: strong enforcement powers (entry, document seizure, directions, cancellations—ss 33–36, 39–41) combined with criminal penalties for breaches (ss 46–49) create strong incentives to avoid using restrictive practices except where authorised. That encourages investment in positive strategies, training and environment design (s 9(e)). It also creates an incentive to ensure recordkeeping and procedural compliance to reduce legal risk.  \n\n- Compliance complexity and possible bottlenecks: the scheme centralises approval and registration functions with the Senior Practitioner and registered panels (ss 15, 22–23). If panel membership or registration capacity is limited, there could be delays in getting plans approved and registered — a practical risk for continuity of care.  \n\n- Enforcement and discretionary power: the Senior Practitioner has broad discretion to make guidelines (disallowable instruments—ss 12, 27), to require more information before registration (s 15(3)), and to issue directions that may override an approved plan (s 39(3)(b)). These powers increase administrative control and allow corrective action, but depend on guideline clarity and resourcing of the Senior Practitioner’s office.  \n\n- Privacy and information sharing: the Act allows sharing of \"protected information\" with many government entities including police and federal NDIS regulators where necessary for functions or investigations (s 42). This facilitates cross‑agency responses but raises data‑sharing and confidentiality considerations (s 42).  \n\nLegal and compliance features to note\n\n- Emergency use is permitted but strictly circumscribed (least restrictive, reasonable grounds, authorisation if practicable) and must be reported within 5 days with specific content (s 10, s 10A).  \n- Registered PBSPs expire after 12 months, so registration is not permanent and requires ongoing review (s 18).  \n- Guidelines, panel composition and PBSP content are set by the Senior Practitioner and are disallowable instruments (ss 12, 21, 27) — i.e. they will be subject to parliamentary disallowance procedures.  \n- Offences carry criminal penalties (e.g. up to 50 penalty units in s 46) and there are specific provisions to catch partners and executive officers (ss 48–49) which increase corporate governance obligations.  \n- Persons affected by register/refusal/cancellation decisions have review rights to ACAT (Part 7, Schedule 1).\n\nImplementation risks, enforcement costs and opportunity costs\n\n- The scheme requires the Senior Practitioner to develop detailed guidelines and maintain registers (ss 12, 19, 23, 27). If resources for that office are insufficient, guideline drafting, panel registration and complaint investigations could be delayed, reducing the intended safeguards.  \n- Providers will need access to suitably qualified people to prepare PBSPs and to independent panels to assess them (ss 12(3)–(4), 21–22). Costs for clinical experts and delays in accessing panels are practical barriers.  \n- Strong enforcement and expanded criminal liability push compliance costs upstream (training, audits, governance procedures — see s 49(3)). That can improve standards but may concentrate service provision among larger providers who can bear the compliance overhead.  \n\nWho is directly affected\n\n- Primary: providers of education, disability, child protection and other prescribed services and their staff/relevant persons (s 8).  \n- Directly: people who may be subject to PBSPs, their families, guardians and advocates (ss 12(3), 16, 17).  \n- Regulated panels who assess PBSPs, and the Senior Practitioner and their delegated staff (ss 21–23, 24–27).  \n\nKey statutory citations for practical steps\n\n- Definitions and who is covered: s 7 (restrictive practice), s 8 (provider), Dictionary (relevant person).  \n- Prohibition and emergency exception: s 10; emergency reporting: s 10A.  \n- PBSP content, approval, registration and expiry: ss 11–19.  \n- Monitoring and reporting obligations: s 20.  \n- Complaints, investigations and enforcement: ss 28–41 (entry powers ss 33–36; directions and cancellation ss 39–41).  \n- Information sharing: s 42.  \n- Offences and corporate/executive liability: ss 46–49.  \n\nSummary conclusion (mechanical):\n- The Act builds a regulatory system that channels lawful use of restrictive practices into short‑term, panel‑assessed and centrally registered PBSPs, backed by monitoring, mandatory reporting for emergency uses, investigatory powers and criminal penalties. It places the operational burden and most costs on providers, and vests decision and enforcement authority with the Senior Practitioner (ss 10, 15, 20, 26, 31–41)."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as stated in the long title ('to provide for the appointment of a senior practitioner and the regulation of restrictive practices to minimise their use'). The 2019, 2021, 2022 and 2025 amendments appear to be refinements — adding reporting requirements for emergency use (s 10A), clarifying definitions, and updating cross-references — rather than scope expansion into new policy areas."},"complexity_factors":["Moderate length (53 sections plus schedules) with clear Part/Division structure","15 defined terms in the Dictionary plus 5 complex defined terms in section 7 (restrictive practice sub-definitions) and section 8 (provider exclusions)","Nested exceptions within definitions — e.g., 'chemical restraint' excludes prescribed medication; 'mechanical restraint' excludes safety devices for travel; 'physical restraint' excludes reflex safety actions","Dual pathways for lawful use of restrictive practices (registered plan vs emergency use with 5-day reporting)","Multiple cross-references to other ACT legislation (Criminal Code, Legislation Act, Children and Young People Act, Mental Health Act, etc.)","Conditional logic in offence provisions — e.g., defence for relevant persons acting under instruction (s 46(3))","Executive officer liability provisions with specific statutory defences and factors for courts to consider (s 49)","Information sharing provisions with specific entity lists and 'protected information' definition","Reviewable decisions table in Schedule 1 linking decisions to affected entities"],"plain_english_summary":"This Act creates a framework to restrict and reduce use of restrictive practices (restraint, seclusion, behaviour‑controlling medication, environmental controls) in education, disability and child‑protection settings in the ACT. It affects service providers, people receiving services, and a Senior Practitioner who oversees registration, reporting and investigations.\n\nRestrictive practices are banned unless in a registered Positive Behaviour Support plan or in narrow emergencies; plans must be expert‑informed, time‑limited and reported, and breaches carry fines and enforcement powers including directions, investigations and tribunal review."}},"importantCases":[],"_links":{"self":"/api/acts/senior-practitioner-act-2018","history":"/api/acts/senior-practitioner-act-2018/history","analysis":"/api/acts/senior-practitioner-act-2018/analysis","conflicts":"/api/acts/senior-practitioner-act-2018/conflicts","importantCases":"/api/acts/senior-practitioner-act-2018/important-cases","documents":"/api/acts/senior-practitioner-act-2018/documents"}}