52Authorisation to use restrictive practices

52 Authorisation to use restrictive practices

(1)  The Senior Practitioner, after receiving an application under section 51(1) , may grant, or refuse to grant, written authorisation for the use, in relation to a person with disability, of such types of restrictive practice as are specified in the authorisation.

(2)  An authorisation granted under subsection (1) may authorise the use, in relation to a person with disability, of a type of restrictive practice –

(a) by the disability services provider who made the application; or

(b) by all disability services providers who provide disability services to the person with disability.

(3)  The Senior Practitioner may only grant an authorisation under subsection (1) for the use of a type of restrictive practice if the Senior Practitioner or the Senior Practitioner’s nominee has consulted with –

(a) the person with disability in respect of whom the restrictive practice is to be used or a person nominated by that person; and

(b) persons, if any, who have expertise in the use of restrictive practices of that type –

and the Senior Practitioner has taken into account any matters raised in that consultation.

(4)  An authorisation for the use of a type of restrictive practice in relation to a person with disability may only be granted by the Senior Practitioner under subsection (1) if the Senior Practitioner is satisfied that –

(a) the type of restrictive practice will be used only for the primary purpose of ensuring the safety, health or wellbeing of the person or other persons; and

(b) the restrictive practice is the type of restrictive practice that is the least restrictive of the person's freedom of decision and action as is practicable in the circumstances.

(5)  In determining whether to grant an authorisation under this section for the use of a type of restrictive practice in relation to a person with disability, the Senior Practitioner must have regard to –

(a) the will and preferences of the person with disability; and