sec.195Notification requirements about approvals given for use of restrictive practices

sec.195 Notification requirements about approvals given for use of restrictive practices

If— a relevant service provider, other than a relevant service provider prescribed by regulation, is given a limited restrictive practice approval authorising the provider to use a restrictive practice at a service outlet; and there is no other limited restrictive practice approval in effect relating to the service outlet; the relevant service provider must, within the required period, give notice in the approved form to the chief executive. A relevant service provider that has given a notice under subsection (1) must, within the period mentioned in subsection (6) , give notice in the approved form to the chief executive if all limited restrictive practice approvals relating to the service outlet stop having effect. If— a relevant service provider, other than a relevant service provider prescribed by regulation, is given a restrictive practice approval authorising the provider to use a restrictive practice at a visitable site as defined under the Public Guardian Act 2014 , section 39 ; and there is no other restrictive practice approval in effect relating to the visitable site; the relevant service provider must, within the required period, give notice to the public guardian. For subsection (3) , the notice must state— the name and address of the visitable site; and that a restrictive practice approval has been given in relation to the visitable site. A relevant service provider that has given a notice under subsection (3) must, within the period mentioned in subsection (6) , give notice to the public guardian if all restrictive practice approvals relating to the visitable site stop having effect. For subsections (2) and (5) , the notice must be given within 21 days after the event mentioned in the subsection happens. In this section— limited restrictive practice approval means a restrictive practice approval other than— a containment or seclusion approval; or a short term approval given by the public guardian under the GAA, chapter 5B , part 4 . required period means— if the restrictive practice approval is a short term approval—14 days after the approval is given; or otherwise—21 days after the restrictive practice approval is given. restrictive practice approval means— a containment or seclusion approval; or consent to use of a restrictive practice given by— a guardian for a restrictive practice matter; or an informal decision-maker; or a short term approval. service outlet means a place at which disability services or NDIS supports or services are provided. s 195 ins 2008 No. 23 s 7 amd 2014 No. 26 s 219; 2019 No. 19 s 28 ; 2020 No. 39 s 70 sch 1 (sec.195-ssec.1) If— a relevant service provider, other than a relevant service provider prescribed by regulation, is given a limited restrictive practice approval authorising the provider to use a restrictive practice at a service outlet; and there is no other limited restrictive practice approval in effect relating to the service outlet; the relevant service provider must, within the required period, give notice in the approved form to the chief executive. (sec.195-ssec.2) A relevant service provider that has given a notice under subsection (1) must, within the period mentioned in subsection (6) , give notice in the approved form to the chief executive if all limited restrictive practice approvals relating to the service outlet stop having effect. (sec.195-ssec.3) If— a relevant service provider, other than a relevant service provider prescribed by regulation, is given a restrictive practice approval authorising the provider to use a restrictive practice at a visitable site as defined under the Public Guardian Act 2014 , section 39 ; and there is no other restrictive practice approval in effect relating to the visitable site; the relevant service provider must, within the required period, give notice to the public guardian. (sec.195-ssec.4) For subsection (3) , the notice must state— the name and address of the visitable site; and that a restrictive practice approval has been given in relation to the visitable site. (sec.195-ssec.5) A relevant service provider that has given a notice under subsection (3) must, within the period mentioned in subsection (6) , give notice to the public guardian if all restrictive practice approvals relating to the visitable site stop having effect. (sec.195-ssec.6) For subsections (2) and (5) , the notice must be given within 21 days after the event mentioned in the subsection happens. (sec.195-ssec.7) In this section— limited restrictive practice approval means a restrictive practice approval other than— a containment or seclusion approval; or a short term approval given by the public guardian under the GAA, chapter 5B , part 4 . required period means— if the restrictive practice approval is a short term approval—14 days after the approval is given; or otherwise—21 days after the restrictive practice approval is given. restrictive practice approval means— a containment or seclusion approval; or consent to use of a restrictive practice given by— a guardian for a restrictive practice matter; or an informal decision-maker; or a short term approval. service outlet means a place at which disability services or NDIS supports or services are provided.