Disability Services Act 2006
sec.194Requirement to keep records and other documents
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sec.194 Requirement to keep records and other documents
This section applies to a relevant service provider, other than a relevant service provider prescribed by regulation, that is using a restrictive practice in relation to an adult with an intellectual or cognitive disability. The relevant service provider must make, and keep for the time prescribed under a regulation, the records prescribed under a regulation. Also, the relevant service provider must keep, at premises where disability services or NDIS supports or services are provided to the adult, a copy of— if the restrictive practice is used under section 151 or 166 —the positive behaviour support plan for the adult; or if the restrictive practice is used under section 152 or 167 —the respite/community access plan for the adult; or if the restrictive practice is used under section 153 or 170 —the short term approval for the adult. If the restrictive practice is used under a containment or seclusion approval given as an interim order under the GAA, section 80ZR — subsection (3) (a) does not apply; and the relevant service provider must keep, at premises where disability services or NDIS supports or services are provided to the adult, a copy of the interim order. s 194 ins 2008 No. 23 s 7 amd 2014 No. 5 s 33; 2019 No. 19 s 27 ; 2020 No. 39 s 70 sch 1 (sec.194-ssec.1) This section applies to a relevant service provider, other than a relevant service provider prescribed by regulation, that is using a restrictive practice in relation to an adult with an intellectual or cognitive disability. (sec.194-ssec.2) The relevant service provider must make, and keep for the time prescribed under a regulation, the records prescribed under a regulation. (sec.194-ssec.3) Also, the relevant service provider must keep, at premises where disability services or NDIS supports or services are provided to the adult, a copy of— if the restrictive practice is used under section 151 or 166 —the positive behaviour support plan for the adult; or if the restrictive practice is used under section 152 or 167 —the respite/community access plan for the adult; or if the restrictive practice is used under section 153 or 170 —the short term approval for the adult. (sec.194-ssec.4) If the restrictive practice is used under a containment or seclusion approval given as an interim order under the GAA, section 80ZR — subsection (3) (a) does not apply; and the relevant service provider must keep, at premises where disability services or NDIS supports or services are provided to the adult, a copy of the interim order.
- (a) if the restrictive practice is used under section 151 or 166 —the positive behaviour support plan for the adult; or
- (b) if the restrictive practice is used under section 152 or 167 —the respite/community access plan for the adult; or
- (c) if the restrictive practice is used under section 153 or 170 —the short term approval for the adult.