27Special powers of the Senior Practitioner

27 Special powers of the Senior Practitioner

(1) This section applies—

S. 27(1)(a) substituted by No. 19/2019 s. 30(1).

(a) in respect of the use of restrictive practices or compulsory treatment by a disability service provider or a registered NDIS provider; or

S. 27(1)(b) amended by No. 19/2019 s. 30(2).

(b) if the Senior Practitioner believes on reasonable grounds that the use of restrictive practices or compulsory treatment is occurring as part of the provision of a disability service or a service provided by a registered NDIS provider whether or not an order specified in section 152(2) or a supervised treatment order is in effect.

(2) If this section applies, the Senior Practitioner has the power to—

S. 27(2)(a) amended by Nos 19/2019 s. 30(3)(a), 9/2023 s. 22(1)(a).

(a) in the case of a disability service provider, visit and inspect any part of the premises where disability services are being provided, other than any premises or part of any premises used as a private residence that is not a residential service or Minister approved premises;

S. 27(2)(ab) inserted by No. 19/2019 s. 30(3)(b), amended by No. 9/2023 ss 22(1)(b), 86.

(ab) in the case of a registered NDIS provider, visit and inspect any place (other than a place or part of a place used as a private residence that is not an SDA dwelling, a short-term accommodation dwelling or Minister approved premises) where services are provided under the NDIS;

S. 27(2)(b) amended by No. 19/2019 s. 30(3)(c).

(b) if paragraph (a) or (ab) applies, see any person who is subject to any restrictive practice or compulsory treatment;

S. 27(2)(c) amended by No. 19/2019 s. 30(3)(d).

(c) investigate, audit and monitor the use of restrictive practices and compulsory treatment;

S. 27(2)(d) amended by No. 19/2019 s. 30(3)(e).

(d) inspect and make copies of, or take extracts from, any document relating to any person who is subject to any restrictive practice or compulsory treatment;

S. 27(2)(e) amended by No. 19/2019 s. 30(3)(e).

(e) see any person involved in the development, implementation or authorisation of any restrictive practice or compulsory treatment upon request;

S. 27(2)(f) substituted by No. 19/2019 s. 30(3)(f).

(f) request a disability service provider or an NDIS provider, as the case requires, to provide information about any restrictive practice or compulsory treatment;

S. 27(2)(g) amended by No. 19/2019 s. 30(3)(g).

(g) authorise by written order given to the disability service provider or registered NDIS provider the use of a restrictive practice.