136Authorisation for use of regulated restrictive practices

136 Authorisation for use of regulated restrictive practices (1) The Authorised Program Officer may authorise the use of a regulated restrictive practice on a person in respect of whom this Part applies if the Authorised Program Officer is satisfied that— (a) the proposed use of the regulated restrictive practice is necessary to prevent the person from causing physical harm to themselves or another person; and (b) the use and form of the proposed regulated restrictive practice— (i) is the option which is the least restrictive of the person as is possible in the circumstances; and (ii) is included in the person's behaviour support plan or NDIS behaviour support plan; and (iii) is in accordance with the person's behaviour support plan or NDIS behaviour support plan; and (iv) is not applied for longer than the period of time during which the use of the regulated restrictive practice is necessary under paragraph (a); and (c) if the person is receiving disability services from a disability service provider and does not have an NDIS behaviour support plan that is in accordance with the NDIS (Restrictive Practices and Behaviour Support) Rules, the person's behaviour support plan is in accordance with this Part; and (d) if the person is an NDIS participant or a DSOA client and will be subject to regulated restrictive practices by a registered NDIS provider, the person's NDIS behaviour support plan is in accordance with the requirements of the NDIS (Restrictive Practices and Behaviour Support) Rules; and (e) if seclusion is to be used— (f) the Authorised Program Officer has complied with section 140; and (g) any other requirements imposed by the Senior Practitioner are complied with. (2) An authorisation given under this section is in force until— (a) the authorisation is revoked; or (b) the person's behaviour support plan or NDIS behaviour support plan expires; or (c) the person is given a new behaviour support plan or NDIS behaviour support plan. (3) An authorisation may be subject to any condition that the Authorised Program Officer considers appropriate, other than a condition requiring the variation of a behaviour support plan or NDIS behaviour support plan. Section 201D is a corresponding provision in relation to persons for whom treatment plans are in force or are required to be prepared under Part 8. New s. 137 inserted by No. 9/2023 s. 47.