Part 6AAppointment of Authorised Program Officers 184

Part 6A—Appointment of Authorised Program Officers 184 132ZI Disability service provider or registered NDIS provider to appoint Authorised Program Officer 184 132ZJ Disability service provider or registered NDIS provider to seek approval from Senior Practitioner for appointment of Authorised Program Officer 184 132ZK Revocation of approval 185 132ZL Senior Practitioner to notify Social Services Regulator or NDIS Commissioner 185 132ZM Senior Practitioner to notify disability service provider or registered NDIS provider before refusal or revocation 186 132ZN Application for review of appointment decision 186 132ZO Senior Practitioner may issue directions 187 Part 7—Use of restrictive practices 190 133 Purpose and application of Part 190 134 Authorised Program Officers 191 135 Use of regulated restrictive practice only permitted after authorisation and approval given 192 136 Authorisation for use of regulated restrictive practices 193 137 Use of regulated restrictive practice permitted in certain circumstances—disability service provider 195 138 Behaviour support plan to be prepared and include use of regulated restrictive practice—disability service providers 196 139 Review of behaviour support plan—disability service providers 198 140 Independent person 199 141 Powers of Public Advocate 202 142 Information to be provided 203 143 Approval by Senior Practitioner to use certain regulated restrictive practices 204 144 Review by VCAT 207 145 Authorisation for use of regulated restrictive practices in emergencies 209 146 Directions and other requirements of Senior Practitioner 211 147 Reporting emergency use of regulated restrictive practices—disability service providers 213 148 Reporting use of regulated restrictive practices—disability service providers 213 149 Offences 214 Part 8—Compulsory treatment 216 Division 1AA—Preliminary 216 150A Restrictions on liberty or freedom of movement 216 Division 1—Residential treatment facilities 216 151 Proclamation of residential treatment facility 216 152 Admission to a residential treatment facility 218 152A Information to be provided to resident 223 152B Secretary may extend admission to residential treatment facility 224 153 Authorised Program Officer must prepare treatment plan 225 154 Annual review of treatment plan 229 155 Application for review of treatment plan 230 156 Leave of absence 230 157 Special leave 232 158 Suspension of leave of absence or special leave 234 159 Security conditions 235 159A Secretary to approve certain security conditions 235 160 Apprehension of resident absent without leave 236 161 Transfer of resident to another residential treatment facility 237 Division 2—Provisions applying to RTO residents 237 162 Extended leave 237 163 Appeals regarding extended leave 238 164 Suspension and revocation of extended leave 240 165 Appeals regarding revocation of extended leave 241 Division 3—Provisions applying to security residents 243 166 Transfer of person with an intellectual disability from a prison 243 167 Preparation of treatment plan 245 168 Annual review of security order and treatment plan 247 169 Application for review of treatment plan 248 175 Termination of a security order 249 176 Death of security resident 249 177 Request for transfer to prison 250 179 Notice of transfer of security resident to another residential treatment facility 250 Division 4—Provisions applying to forensic residents 251 180 Transfer of persons detained in prison under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 251 181 Status of forensic residents 253 182 Leave of absence for forensic resident 253 Division 5—Supervised treatment orders for implementation by disability service providers or registered NDIS providers 253 183 Purpose of Division 253 184 Certain disability service providers not required to comply with Division 253 185 Provision of services to persons subject to supervised treatment order 254 186 Authorised Program Officers 254 187 Senior Practitioner may approve accommodation for supervised treatment 254 188 Senior Practitioner must notify Public Advocate of approved accommodation 256 189 Treatment plans 256 190 Authorised Program Officer must give treatment plan to person 257 191 Application for supervised treatment order 258 191A Information to be included in application for supervised treatment order 259 191B Senior Practitioner must notify NDIS Commissioner if certificate issued 260 191C Notification of application and parties to proceeding 260 192 Authorised Program Officer may request interim supervised treatment order 261 193 Supervised treatment order for persons with a disability and NDIS participants 262 194 Application by the Public Advocate 265 194A Responsibilities of Authorised Program Officers for primary service providers 266 194B Responsibilities of disability service providers and registered NDIS providers 267 194C Authorised Program Officer responsible for implementing treatment plan 267 195 Supervision of supervised treatment order 268 196 Application for review, variation or revocation 271 196A Process concerning expiry of supervised treatment order 277 196B Senior Practitioner to notify NDIS Commissioner about certain matters 279 197 Application for rehearing 279 198 Rehearing 281 199 Senior Practitioner may make assessment order 281 199A Application for review of assessment order 283 199B Senior Practitioner to notify NDIS Commissioner about assessment orders 283 200 Supervised treatment order to prevail over guardianship order 284 201 Apprehension of person subject to a supervised treatment order absent without approval 284 Division 6—Use of restrictive practices in implementing treatment plans 286 201A Purpose and application of Division 286 201B Use of restrictive practices 288 201C Authorised Program Officers 289 201D Use of regulated restrictive practices 290 201E Use of regulated restrictive practices must be included in treatment plan 292 201F Reports 293 201G Offence 294 201H Senior Practitioner may issue guidelines and standards and give directions 294 201I Senior Practitioner may lodge evidence regarding use of regulated restrictive practices 296 Part 8A—Use and disclosure of information 298 202AA Definitions 298 202AB Disclosure, use or transfer of protected information 299 202AC Use, transfer or disclosure of information relating to disability services or disability service providers 304 202AD Disclosure of information about worker screening 306 202AE Application of Part 308 Part 9—General provisions 309 202 False and misleading statements 309 203 Defacing documents 309 204 Delegation 309 205 Provision of staff services 310 206 Special powers of Secretary 310 207 Appointment of authorised officers 312 208 Identity cards 312 209 Production of identity card 312 210 Powers of authorised officers 312 211 Offence to give false or misleading information 314 212 Offence to hinder or obstruct authorised officer 314 213 Offence to impersonate authorised officer 314 214 Protection against self-incrimination 315 215 Legal professional privilege or client legal privilege 315 217 Persons who are liable for offences 315 218 Power to bring proceedings 316 219 Evidentiary 316 220 Recapture of person 317 221 Regulations 317 Part 10—Miscellaneous 321 Division 1—Savings and transitional 321 222 Repeals and Savings 321 225 Transitional regulations 322 225A Order specifying land, leases, licences and interests in land to be transferred to Secretary 322 225B Vesting of land, leases, licences and interests in land in the Secretary 323 225C Action by Registrar of Titles 325 225D Taxes 325 225E Land etc. vests subject to encumbrances 326 226 Community visitors 326 227 Behaviour support plans 326 230 Group homes 327 Division 2—Transitional provisions—Disability Amendment Act 2017 328 232 Definitions 328 233 Pre-existing complaints 328 234 Information provisions 328 Division 3—Transitional provisions—Serious Offenders Act 2018 329 235 Saving of orders continued in effect after commencement by Serious Offenders Act 2018 329 Division 4—Transitional provisions—Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 330 236 Declaration of residential service as a group home 330 237 Behaviour support plans taken to be NDIS behaviour support plans 331 238 Matters concerning persons subject to supervised treatment orders on becoming NDIS participants 332 239 Supervised treatment orders 333 240 Assessment orders 334 242 Long Term Residential Program taken to be residential treatment facility 334 Division 5—Transitional provisions—Worker Screening Act 2020 335 243 Definition 335 244 Transfer of information to Secretary to the Department of Justice and Community Safety 335 245 Continuation of safety screening requirements for notifications about persons providing services to NDIS participants 336 Division 6—Transitional provisions—Disability and Social Services Regulation Amendment Act 2023 337 246 Definition 337 247 Authorised Program Officers 337 248 Decisions as to disability 337 249 Approval of accommodation 337 250 Pending applications and requests 338 251 Supervised treatment orders 341 252 Treatment plans 341 253 Guidelines, directions and standards 342 254 Offences 343 255 Regulated restrictive practices 343 256 Behaviour support plans 344 257 Public Advocate reports 345 258 Security conditions 345 259 Residential statements 345 261 Disability and Social Services Regulation Amendment Act 2023—use and disclosure of information 346 262 Residential treatment facilities 346 263 Secretary must assess existing long-term residents in residential treatment facilities 346 Division 7—Transitional provisions—Disability and Social Services Regulation Amendment Act 2023—Residential tenancies 348 264 Definition 348 265 Supervised treatment orders and interim supervised treatment orders 348 266 Pending applications 349 267 Assessment orders 349 268 Savings provisions—Division 2 of Part 5 350 Endnotes 352 1 General information 352 2 Table of Amendments 354 3 Explanatory details 360 **Version No.** **051** **Disability Act 2006** **No. 23 of 2006** Version incorporating amendments as at **The Parliament of Victoria enacts as follows:**