67Independent person to provide explanation in respect of restrictive practices

67 Independent person to provide explanation in respect of restrictive practices

(1)  If a disability services provider is granted an authorisation under Part 7 to use a restrictive practice in relation to a person with disability, the appointed program officer for the disability services provider must ensure that an independent person explains to the person with disability –

(a) the proposed use of the restrictive practice in relation to the person with disability; and

(b) that the person may apply under section 54 for a review, amendment or revocation of the authorisation to use the restrictive practice in relation to that person with disability; and

(c) that the person may apply for a review under Part 13 of a decision of the Senior Practitioner to grant an authorisation for the use of a restrictive practice in relation to that person with disability.

(2)  Subject to subsection (3) , if a disability services provider proposes to change a behaviour support plan for a person with disability, an appointed program officer for the disability services provider must ensure that an independent person explains to the person for whom the behaviour support plan was prepared –

(a) the details of those changes; and

(b) if those changes involve the inclusion of a more restrictive type or use of restrictive practice, any matter related to the inclusion of the restrictive practice.

(3)  Subsection (2) does not apply in respect of proposed changes to a behaviour support plan if –

(a) it is not proposed, as a result of the review, that a more restrictive type or use of restrictive practice be included in the behaviour support plan; and

(b) the person for whom the behaviour support plan was prepared has had the plan reviewed by the disability services provider or a behaviour support practitioner in the last 12 months; and

(c) during that review, an independent person was available in accordance with this section.

(4)  An independent person for a person with disability must notify the Senior Practitioner if the independent person considers that –