CTHIn ForceLegislation
National Disability Insurance Scheme (Restrictive Practices and Behaviour Support) Rules 2018
9Use of a regulated restrictive practice in a State or Territory with an authorisation process
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#### 9 Use of a regulated restrictive practice in a State or Territory with an authorisation process
(1) This section applies if:
(a) a State or Territory has an authorisation process (however described) in relation to the use of a regulated restrictive practice; and
(b) a registered NDIS provider provides supports or services to a person with disability in the State or Territory.
> Note: An authorisation process may, for example, be a process under relevant State or Territory legislation or policy or involve obtaining informed consent from a person and/or their guardian, approval from a guardianship board or administrative tribunal or approval from an authorised State or Territory officer.
(2) The registration of the registered NDIS provider is subject to the following conditions:
(a) the use (other than a single emergency use) of the regulated restrictive practice in relation to the person with disability must be authorised in accordance with the authorisation process;
(b) the provider must lodge with the Commissioner evidence that the use is so authorised as soon as reasonably practicable after the use of the practice in relation to the person.