Disability Rights, Inclusion and Safeguarding Act 2024
54Review, amendment and revocation of authorisation for the use of restrictive practices
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54 Review, amendment and revocation of authorisation for the use of restrictive practices
(1) If the Senior Practitioner has granted an authorisation under section 52 in respect of a person with disability, the Senior Practitioner may, at any time, review the authorisation –
(a) on the Senior Practitioner’s own motion; or
(b) on application by the person with disability; or
(c) on application by a disability services provider who provides disability services to the person with disability; or
(d) on application by an independent person for the person with disability.
(2) The Senior Practitioner, after reviewing an authorisation granted under section 52 in respect of a person with disability, may, by notice in writing to –
(a) disability services providers who provide disability services to the person with disability; and
(b) the person with disability; and
(c) an independent person for the person with disability –
amend or revoke the authorisation.
(3) The Senior Practitioner may only amend or revoke an authorisation granted by the Senior Practitioner under section 52 in respect of a person with disability if the Senior Practitioner is satisfied that consultation on the Senior Practitioner's behalf with –
(a) any disability services providers who provide disability services to the person with disability; and
(b) the person with disability; and
(c) an independent person for the person with disability –
has occurred and the Senior Practitioner has taken into account matters raised in that consultation.
(4) If the Senior Practitioner amends or revokes an authorisation under subsection (2) , the Senior Practitioner must notify the Commissioner of that fact within 5 days after the amendment or revocation.