Disability Rights, Inclusion and Safeguarding Act 2024
66Appointment of independent persons
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66 Appointment of independent persons
(1) If a provision of this Act requires that an independent person provide assistance to a person with disability, the appointed program officer for the disability services provider that is providing disability services to that person is to –
(a) identify, whilst taking into account the will and preference of the person with disability, a person who is suitable to be appointed as an independent person for the person with disability (such as a family member or friend); and
(b) submit the proposed appointment to the Senior Practitioner for approval.
(2) For the purposes of this section, a person is suitable to be appointed as an independent person for a person with disability if that person –
(a) is able to explain to the person with disability –
(i) the proposed use of a restrictive practice on the person with disability; and
(ii) that the person with disability may seek a review of the Senior Practitioner’s decision to authorise the use of a restrictive practice; and
(b) is able to support the person with disability to express the person with disability’s will and preference.
(3) For the purposes of this section, a person is not suitable to be appointed as an independent person for a person with disability if that person is –
(a) a disability services provider for the person with disability; or
(b) an employee or member of the governing body of a disability services provider for the person with disability; or
(c) a person with an interest in a disability services provider for the person with disability; or
(d) a person with responsibility for the development or review of the behaviour support plan for the person with disability.
(4) A submission under subsection (1) made in relation to a person with disability must be in a form approved by the Senior Practitioner.
(5) The Senior Practitioner, after receiving a submission under may approve, or refuse to approve, the appointment of an independent person for a person with disability.