12Use of a regulated restrictive practice other than in accordance with behaviour support plan or State or Territory authorisation

#### 12 Use of a regulated restrictive practice other than in accordance with behaviour support plan or State or Territory authorisation (1) This section applies if: (a) a registered NDIS provider uses a regulated restrictive practice in relation to a person with disability (the first use); and (b) the use is not in accordance with a behaviour support plan for the person with disability; and (c) an authorisation (however described) is required by the State or Territory in which the use occurs; and (d) the use of the restrictive practice is not authorised in accordance with the authorisation process; and (e) the use (the ongoing use) of the regulated restrictive practice in relation to the person with disability will, or is likely to, continue. (2) The registration of the registered NDIS provider is subject to the condition that the provider must: (a) obtain authorisation (however described) for the ongoing use of the regulated restrictive practice from the relevant State or Territory as soon as reasonably practicable; and (b) lodge evidence of that authorisation with the Commissioner as soon as reasonably practicable after it is received; and (c) take all reasonable steps to facilitate the development of an interim behaviour support plan for the person with disability by a specialist behaviour support provider that covers the use of the practice within 1 month after the first use of the regulated restrictive practice; and (d) take all reasonable steps to facilitate the development of a comprehensive behaviour support plan for the person with disability by a specialist behaviour support provider that covers the use of the practice within 6 months after the first use of the regulated restrictive practice. (3) The registration of the registered NDIS provider is also subject to the condition that the provider agrees to demonstrate compliance with subsection (2) if required to do so by the Commissioner. > Note: Part 7.4 of the Criminal Code provides offences in relation to false or misleading statements, information and documents.