195Supervision of supervised treatment order

195 Supervision of supervised treatment order

(1) The Senior Practitioner is responsible for supervising the implementation of a supervised treatment order.

S. 195(2) amended by No. 9/2023 s. 61(1).

(2) An Authorised Program Officer for a primary service provider must provide a report on the implementation of a supervised treatment order to the Senior Practitioner at the intervals, not exceeding 6 months, specified by the Senior Practitioner.

S. 195(2A) inserted by No. 9/2023 s. 61(2).

(2A) If requested to do so by the Senior Practitioner, an Authorised Program Officer for a disability service provider or a registered NDIS provider specified in a treatment plan (other than a primary service provider) must report on the implementation of the treatment plan at intervals specified by the Senior Practitioner.

S. 195(2B) inserted by No. 9/2023 s. 61(2).

(2B) An Authorised Program Officer for a disability service provider or a registered NDIS provider specified in a treatment plan must report on the use of restrictive practices on the person who is subject to the treatment plan at intervals, not exceeding 6 months, specified by the Senior Practitioner.

S. 195(3) amended by No. 19/2019 s. 103(1).

(3) Subject to subsection (4) or (5A), a material change cannot be made to a treatment plan unless the change is approved by the Senior Practitioner.

S. 195(4) substituted by No. 19/2019 s. 103(2), amended by No. 9/2023 s. 61(3).

(4) Unless subsection (5), (5A) or (5B) applies, in the case of a person with a disability who is subject to a supervised treatment order obtained by an Authorised Program Officer for a disability service provider, if a material change to a treatment plan relates to an increase in the level of supervision or restriction—

(a) the Senior Practitioner must not approve the change; and

(b) the Authorised Program Officer must apply to VCAT for a variation of the treatment plan under section 196.

S. 195(5) substituted by No. 19/2019 s. 103(2), amended by No. 9/2023 s. 61(4).

(5) Despite subsection (4) and unless subsection (5A) or (5B) applies, in the case of a person with a disability who is subject to a supervised treatment order obtained by an Authorised Program Officer for a disability service provider, if the Senior Practitioner considers that an increase in the supervision or restriction of the person is necessary because of an emergency, the Senior Practitioner—

(a) may approve a material change to the person's treatment plan relating to the increase in the level of supervision or restriction; and

(b) must, as soon as practicable, apply to VCAT for a variation of the treatment plan under section 196.