7Applications to use restrictive practice

7 Applications to use restrictive practice

(1)  In this section –

restrictive intervention application means an undetermined application to the Tribunal under section 41 of the former Act.

(2)  An undetermined application made to the Secretary under section 37 of the former Act is taken, on and after the commencement day, to be an application made to the new Senior Practitioner under section 51 of the new Act.

(3)  If, before the commencement day, the Tribunal has not commenced holding a hearing in relation to a restrictive intervention application, that restrictive intervention application is taken, on and after the commencement day, to be an application to the new Senior Practitioner under section 51 of the new Act.

(4)  If, before the commencement day, the Tribunal has commenced holding a hearing in relation to a restrictive intervention application, the Tribunal may, on and after the commencement day, continue hearing that application under the former Act as if –

(a) that Act had not been repealed; and

(b) any amendments to the Tasmanian Civil and Administrative Tribunal Act 2020 made by this Act had not been made.

(5)  If, after the commencement day, the Tribunal grants an approval under section 41A or section 42 of the former Act to carry out a type of restrictive intervention, that approval is taken to be an authorisation for the use of a type of restrictive practice granted by the new Senior Practitioner under section 52 of the new Act on the same terms and conditions.