26Use of regulated restrictive practice with a behaviour support plan and in accordance with an authorisation process

#### 26 Use of regulated restrictive practice with a behaviour support plan and in accordance with an authorisation process (1) This section applies to a person or entity if: (a) at a particular time (the transition time): (i) the person or entity is a registered NDIS provider for a participant; and (ii) the supports are provided under a behaviour support plan (the existing plan) that contains a regulated restrictive practice; and (iii) the behaviour support plan controls the use of the regulated restrictive practice and contains alternative behaviour support strategies; and (iv) the host jurisdiction in which the supports are provided has an authorisation process (however described) in relation to the use of the regulated restrictive practice; and (v) the use of the regulated restrictive practice is authorised in accordance with the authorisation process; and (b) at the transition time, the host jurisdiction in which the participant lives becomes a participating jurisdiction. > Note 1: For the meaning of host jurisdiction and participating jurisdiction, see sections 10 and 10A of the Act. > Note 2: Any provider approved as a registered provider of supports in a participating jurisdiction will automatically transition to be a registered NDIS provider in accordance with the National Disability Insurance Scheme (Quality and Safeguards Commission and Other Measures) Transitional Rules 2018. (2) The person or entity is not required to comply with sections 9 to 15 of this instrument in relation to the person with disability and the use of the regulated restrictive practice during the period: (a) starting at the start of the transition time; and (b) ending at the earliest of the following: (i) if the provider does not comply with subsection (3) within the period required by paragraph (4)(b)—the end of that period; (ii) if the existing plan is reviewed for any reason, including as directed by the Commissioner—the day the review of the plan is completed; (iii) if the Commissioner gives a written notice to the provider that this subsection no longer applies to the provider—the day specified in the notice (which must be at least 14 days after the notice is given); (iv) the end of 12 months after the transition time. (3) The person or entity must notify the Commissioner of the existence of the behaviour support plan, including the regulated restrictive practices that it contains and the expiry date of the plan. (4) A notification under subsection (3): (a) must be given in the form approved by the Commissioner; and (b) must be given within 3 months after the start of the transition time, or such longer period as the Commissioner allows. (5) The registration of the person or entity as a registered NDIS provider is subject to the following conditions: (a) the provider must comply with subsection (3); (b) if requested by the Commissioner—the person or entity must provide a copy of the behaviour support plan to the Commissioner within the period requested by the Commissioner.