30Use of regulated restrictive practice where either no authorisation or behaviour support plan

#### 30 Use of regulated restrictive practice where either no authorisation or behaviour support plan (1) This section applies to a person or entity if, on 1 December 2020: (a) the person or entity is a transitioned RAC provider; and (b) the person or entity is providing supports or services to a participant; and (c) the provision of supports or services involves the use of a regulated restrictive practice; and (d) either: (i) the use of the regulated restrictive practice is not in accordance with a behaviour support plan for the participant; or (ii) the person or entity does not have an authorisation (however described) in relation to the use of the regulated restrictive practice (whether or not there is an authorisation process for such practices in the State or Territory in which the supports or services are provided). > Note: A transitioned RAC provider is deemed 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 in relation to the participant and the use of the regulated restrictive practice during the period: (a) starting on 1 December 2020; and (b) ending at the earliest of the following: (i) 1 December 2021; (ii) if, on 1 December 2020, the person or entity does not have a behaviour support plan for the participant—the day an interim behaviour support plan, or a comprehensive behaviour support plan, for the participant is lodged with the Commissioner; (iii) if the person or entity does not comply with subsection (3) by the day required by that subsection—the end of that day; (iv) if the Commissioner gives a written notice to the person or entity that this subsection no longer applies to the person or entity—the day specified in the notice (which must be at least 14 days after the notice is given). (3) The person or entity must: (a) notify the Commissioner of the regulated restrictive practice used by the person or entity in the form approved by the Commissioner; and (b) do so by: (i) 1 January 2021; or (ii) if the Commissioner allows a later day—such later day. > Note: If the use of the regulated restrictive practice is also a reportable incident, it must also be reported in accordance with Part 3 of the National Disability Insurance Scheme (Incident Management and Reportable Incidents) Rules 2018. (4) The registration of the person or entity as a registered NDIS provider is subject to the following conditions: (a) the person or entity must comply with subsection (3); (b) if: (i) there is an authorisation process in the State or Territory in which the supports or services are provided for the use of the regulated restrictive practice in relation to the participant; and (ii) on 1 December 2020, the person or entity is not authorised in accordance with that authorisation process; by 1 March 2021, the person or entity must take all reasonable steps to obtain such authorisation; (c) if, on 1 December 2020, the person or entity does not have a behaviour support plan for the participant: (i) by 1 March 2021, the person or entity must take all reasonable steps to facilitate the development of an interim behaviour support plan for the participant that meets the requirements of Division 2 of Part 3; and (ii) by 1 June 2021, the person must take all reasonable steps to facilitate the development of a comprehensive behaviour support plan for the participant that meets the requirements of Division 2 of Part 3. (5) The registration of the person or entity as a registered NDIS provider is also subject to the condition that the person or entity agrees to demonstrate compliance with paragraphs (4)(b) and (c) 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.