144Review by VCAT

144 Review by VCAT (1) A person in respect of whom this Part applies may apply to VCAT for a review of— (a) an Authorised Program Officer's decision under section 136 to authorise the use of a regulated restrictive practice on the person, if that decision did not require the approval of the Senior Practitioner; or (b) an Authorised Program Officer's decision under section 136 to authorise the use of a regulated restrictive practice on the person and the Senior Practitioner's decision under section 143 to approve that use. (2) A disability service provider or a registered NDIS provider may apply to VCAT for a review of a decision by the Senior Practitioner under section 143 not to approve the use of a regulated restrictive practice. (3) An application under subsection (1) or (2) must be made within 28 days after the day on which the person or provider is notified of the decision. (4) On an application under this section, VCAT must determine the review having regard to the requirements of this Part. (5) On an application under subsection (1)(a), VCAT may do any of the following— (a) confirm the decision to authorise the use of the regulated restrictive practice and dismiss the application; (b) subject to paragraph (c), in the case of a disability service provider, order the disability service provider to ensure a new behaviour support plan is prepared in accordance with the order; (c) where an NDIS behaviour support plan is being used for the person, order the disability service provider or the registered NDIS provider to request a review of the NDIS behaviour support plan by the NDIS behaviour support practitioner; (d) direct that the regulated restrictive practice not be used on the person. (6) On an application under subsection (1)(b), VCAT may do any of the following— (a) confirm the decisions to authorise and approve the use of the regulated restrictive practice and dismiss the application; (b) subject to paragraph (c), in the case of a disability service provider, order the disability service provider to ensure a new behaviour support plan is prepared in accordance with the order; (c) where an NDIS behaviour support plan is being used for the person, order the disability service provider or the registered NDIS provider to request a review of the NDIS behaviour support plan by the NDIS behaviour support practitioner; (d) direct that the regulated restrictive practice not be used on the person. (7) On an application under subsection (2), VCAT may do any of the following— (a) confirm the Senior Practitioner's decision not to approve the use of the regulated restrictive practice and dismiss the application; (b) subject to paragraph (c), in the case of a disability service provider, order the disability service provider to ensure a new behaviour support plan is prepared in accordance with the order; (c) where an NDIS behaviour support plan is being used for the person, order the disability service provider or the registered NDIS provider to request a review of the NDIS behaviour support plan by the NDIS behaviour support practitioner; (d) direct the Senior Practitioner to approve the use of the regulated restrictive practice on the person. New s. 145 inserted by No. 9/2023 s. 47.