133Purpose and application of Part

133 Purpose and application of Part (1) This Part applies in respect of persons, other than persons for whom a treatment plan is in force or is required to be prepared under Part 8, who— (a) receive disability services; or (b) are NDIS participants; or (c) are DSOA clients. Division 6 of Part 8 also contains protective provisions in relation to persons subject to a treatment plan under Part 8. (2) This Part also applies in respect of the use of restrictive practices by a registered NDIS provider on an NDIS participant who is subject to a treatment plan if the treatment plan— (a) is prepared for the NDIS participant by or on behalf of the Authorised Program Officer for a disability service provider; and (b) is not in accordance with the requirements of the NDIS (Restrictive Practices and Behaviour Support) Rules. (3) The purpose of this Part is to— (a) protect the rights of persons with a disability in respect of whom this Part applies and who are receiving disability services by ensuring that— (i) restrictive practices are included in behaviour support plans for those persons only in accordance with this Part; and (ii) restrictive practices are used on those persons only if the requirements of this Part are complied with; and (b) protect the rights of NDIS participants and DSOA clients in respect of whom this Part applies by ensuring that regulated restrictive practices are used on the person only if the use is authorised. (4) A provider that is both a disability service provider and a registered NDIS provider is required to comply with this Part either in the provider's capacity as a disability service provider or registered NDIS provider, but not both. New s. 134 inserted by No. 9/2023 s. 47.