153Authorised Program Officer must prepare treatment plan

153 Authorised Program Officer must prepare treatment plan

S. 153(1) amended by Nos 91/2009 s. 219(Sch. 3 item 1.5), 9/2023 s. 114(1).

(1) Within 28 days after a person with a disability is admitted to a residential treatment facility under an order specified in section 152(2)(a), 152(2)(b) or 152(2)(f), the Authorised Program Officer must prepare a treatment plan.

(2) A treatment plan must include provisions which—

(a) specify the treatment that will be provided to the resident in the residential treatment facility during the period that the order under which the person is detained remains in force;

(b) state the benefit to the person that the resident is expected to receive from the treatment;

S. 153(2)(c) amended by No. 19/2019 s. 87(1).

(c) specify any restrictive practices that are to be used;

Note to s. 153(2)(c) inserted by No. 22/2012 s. 70(1), amended by No. 19/2019 s. 87(2).

Division 6 of this Part contains provisions in relation to the use of restrictive practices in accordance with, and the inclusion of restrictive practices in, a treatment plan.

(d) specify the process and criteria applying in respect of the resident obtaining leave of absence from the residential treatment facility;

(e) set out a proposed process for the transition from being a resident in a residential treatment facility to living in the community.

S. 153(2A) inserted by No. 83/2011 s. 18.

(2A) When preparing a treatment plan under subsection (1), the Authorised Program Officer must ensure that the treatment plan is consistent with the order under which the person with a disability is admitted to the residential treatment facility.

(3) Within 2 days of the treatment plan being prepared, the Authorised Program Officer must—

(a) give a copy of the treatment plan to the person with a disability; and

S. 153(3)(aab) inserted by No. 9/2023 s. 114(2).

(aab) explain the treatment plan to the person with a disability in accordance with section 7; and

S. 153(3)(ab) inserted by No. 22/2012 s. 70(2).

(ab) explain to the person with a disability that the person can seek a review of the treatment plan by VCAT under section 155 at any time if the person wants to do so; and

S. 153(3)(b) amended by Nos 22/2012 s. 70(3), 9/2023 s. 49(1).

(b) lodge a copy of the treatment plan with the Senior Practitioner for approval.

S. 153(3A) inserted by No. 22/2012 s. 70(4).

(3A) On receiving a treatment plan under subsection (3)(b), the Senior Practitioner—

(a) must consider the acceptability of the treatment plan, having regard to—