Senior Practitioner Act 2018 (ACT)

Mechanically, the Senior Practitioner Act 2018 (ACT) establishes a statutory office,the Senior Practitioner,together with a regulatory framework that constrains, records and governs the use of restrictive practices in particular service settings. The Act:

defines what counts as a restrictive practice and lists five named categories (chemical, environmental, mechanical, physical and seclusion), together with narrow statutory exceptions and illustrative examples (see s 7);
requires providers who use restrictive practices to operate under registered positive behaviour support plans (PBS plans), unless an emergency test is met, and requires monitoring, recording and reporting of non-plan uses (see ss 10, 10A, 11, 15, 20);
creates a system of independent panels to approve PBS plans and provides for registration of panels and plans, and a public register kept by the Senior Practitioner (see ss 12(4), 13-15, 19, 22-23);
empowers the Senior Practitioner to issue guidelines (disallowable instruments) about PBS plans and panels, to make and disseminate standards and training, to investigate complaints and to give directions to providers, including directions contrary to a registered plan (see ss 12, 21, 26, 27, 31, 39);
gives the Senior Practitioner investigatory powers including entry, inspection, interview, notice to produce documents or things, seizure and limited retention of material (see ss 33-36);
sets out complaint-handling and review rights, including who may complain and that certain decisions are reviewable by the ACT Civil and Administrative Tribunal (ACAT) (see ss 28-31, 43-45, schedule 1);
prescribes criminal offences and penalties for using restrictive practices otherwise than in accordance with the Act, failing to report emergency uses, and failing to comply with directions, and allocates secondary liability for partnerships and executive officers in corporations (see Pt 8, especially ss 46-49); and

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Senior Practitioner Act 2018 A2018-27 Republication No 7 Effective: 26 November 2025 Republication date: 26 November 2025 Last amendment made by A2025-29

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Senior Practitioner Act 2018 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 26 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 26 November 2025. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

R7 26/11/25 Senior Practitioner Act 2018 Effective: 26/11/25 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Senior Practitioner Act 2018 Contents Page Part 1 Preliminary 1 Name of Act 2 3 Dictionary 2 4 Notes 2 5 Offences against Act—application of Criminal Code etc 2 Part 2 Objects, important concepts and principles 6 Objects of Act 3 7 Meaning of restrictive practice 4 8 Meaning of provider 6 9 Principles for providers 8

Contents Page contents 2 Senior Practitioner Act 2018 Effective: 26/11/25 R7 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Restrictive practices and positive behaviour support plans Division 3.1 Limitation on use of restrictive practices 10 Use of restrictive practice 10 10A Use of restrictive practice other than under a registered positive behaviour support plan—reporting 11 Division 3.2 Positive behaviour support plans 11 Meaning of positive behaviour support plan 12 12 Guidelines about positive behaviour support plans 12 13 Preparation of positive behaviour support plan 14 14 Approval of positive behaviour support plan 14 15 Registration of positive behaviour support plan 14 16 Copy of positive behaviour support plan to be given to person etc 15 17 Review and amendment of positive behaviour support plan 16 18 Positive behaviour support plan expires after 12 months 16 19 Register of positive behaviour support plans 16 20 Provider to monitor and record use of restrictive practices 17 Division 3.3 Positive behaviour support panels 21 Guidelines about positive behaviour support panels 17 22 Registration of positive behaviour support panels 18 23 Register of positive behaviour support panels 19 Part 4 Senior practitioner 24 Appointment of senior practitioner 20 25 Delegation by senior practitioner 20 26 Functions of senior practitioner 20 27 Senior practitioner may make guidelines 22 Part 5 Complaints and investigations Division 5.1 Complaints 28 Making a complaint 23 29 Withdrawing a complaint 24 30 Request for further information or verification 24

Contents Page R7 26/11/25 Senior Practitioner Act 2018 Effective: 26/11/25 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 5.2 Investigations 31 Investigation of complaint 25 32 Investigation without complaint 26 33 Power to enter premises to conduct investigation 27 34 Power to ask for information, documents and other things when conducting investigation 28 35 Power to ask for assistance 29 36 Senior practitioner may keep document or other thing etc 29 37 Privileges against self-incrimination and exposure to civil penalty 30 Division 5.3 Actions after investigation 38 No action to be taken 30 39 Directions to provider 31 40 Senior practitioner may cancel registration 32 41 Cancellation notice 33 Part 6 Information sharing 42 Senior practitioner may give information to particular entities 34 Part 7 Notification and review of decisions 43 Meaning of reviewable decision—pt 7 36 44 Reviewable decision notices 36 45 Applications for review 36 Part 8 Offences 46 Using restrictive practice other than in accordance with Act 37 47 Failing to comply with direction 37 48 Criminal liability of partner 38 49 Criminal liability of executive officer 38 Part 9 Miscellaneous 50 Annual report by senior practitioner 41 51 Protection of officials from liability 41 52 Protection of others from liability 42 53 Regulation-making power 42

Contents Page contents 4 Senior Practitioner Act 2018 Effective: 26/11/25 R7 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Reviewable decisions 43 Dictionary 44 Endnotes 1 About the endnotes 46 2 Abbreviation key 46 3 Legislation history 47 4 Amendment history 48 5 Earlier republications 49

R7 26/11/25 Senior Practitioner Act 2018 Effective: 26/11/25 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Senior Practitioner Act 2018 An Act to provide for the appointment of a senior practitioner and the regulation of restrictive practices to minimise their use

Part 1 Preliminary Section 1 page 2 Senior Practitioner Act 2018 Effective: 26/11/25 R7 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of Act This Act is the Senior Practitioner Act 2018. 3 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act. For example, the signpost definition ‘positive behaviour support plan— see section 11.’ means that the term ‘positive behaviour support plan’ is defined in that section. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 4 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. 5 Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Objects, important concepts and principles Part 2 Section 6 R7 26/11/25 Senior Practitioner Act 2018 Effective: 26/11/25 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Objects, important concepts and principles 6 Objects of Act The objects of this Act are to— (a) provide a framework for reducing and eliminating the use of restrictive practices by providers; and (b) ensure that restrictive practices are used by providers only in very limited circumstances, as a last resort and in the least restrictive way and for the shortest period possible in the circumstances; and (c) state principles to be taken into account by providers in providing services to people with behaviour that causes harm to themselves or others; and (d) establish the role of senior practitioner; and (e) regulate the use of restrictive practices by a provider in relation to a person in a way that— (i) is consistent with the person’s human rights; and (ii) safeguards the person and others from harm; and (iii) maximises the opportunity for positive outcomes and aims to reduce or eliminate the need for use of restrictive practices; and (iv) ensures transparency and accountability in the use of restrictive practices.

Part 2 Objects, important concepts and principles Section 7 page 4 Senior Practitioner Act 2018 Effective: 26/11/25 R7 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 7 Meaning of restrictive practice (1) In this Act: restrictive practice— (a) means a practice that is used to restrict the rights or freedom of movement of a person for the primary purpose of protecting the person or others from harm; and (b) includes the following: (i) chemical restraint; (ii) environmental restraint; (iii) mechanical restraint; (iv) physical restraint; (v) seclusion; but (c) does not include— (i) reasonable action taken to monitor and protect a child from harm; or Examples 1 holding a child’s hand while crossing a road 2 fencing around a primary school (ii) a practice prescribed by regulation not to be a restrictive practice. (2) In this section: chemical restraint— (a) means the use of medication or a chemical substance for the primary purpose of influencing a person’s behaviour or movement; but

Objects, important concepts and principles Part 2 Section 7 R7 26/11/25 Senior Practitioner Act 2018 Effective: 26/11/25 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) does not include the use of a chemical substance that is— (i) prescribed by a medical practitioner or nurse practitioner for the treatment, or to enable the treatment, of a mental or physical illness or condition in a person; and (ii) used in accordance with the prescription. environmental restraint means any action or system that limits a person’s ability to freely— (a) access the person’s surroundings or a particular thing; or (b) engage in an activity. mechanical restraint— (a) means the use of a device to prevent, restrict or subdue the movement of all or part of a person’s body; but (b) does not include the use of the device— (i) to ensure the person’s safety when travelling; or (ii) for therapeutic purposes. physical restraint— (a) means the use or action of physical force to stop, limit or subdue the movement of a person’s body or part of the person’s body; but (b) does not include a reflex action of reasonable physical force and duration intended to guide or direct a person in the interests of the person’s safety where there is an imminent risk of harm.

Part 2 Objects, important concepts and principles Section 8 page 6 Senior Practitioner Act 2018 Effective: 26/11/25 R7 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au seclusion means the sole confinement of a person, at any time of the day or night, in a room or other space from which free exit is prevented, either implicitly or explicitly, or not facilitated. Examples 1 A person in disability group accommodation is sent by the provider for ‘time out’ in a quiet space and told they are not allowed to leave the space until the provider tells them. 2 A young person living in residential care is told by the provider that they must not leave their bedroom at night after 9 pm. 8 Meaning of provider (1) In this Act: provider— (a) means a person or other entity who provides any of the following services to another person: (i) education; (ii) disability; (iii) care and protection of children; (iv) a service prescribed by regulation; but (b) does not include— (i) a close family member of the other person; or (ii) an informal carer for the other person; or (iii) an exempt entity. (2) In this section: close family member, of a person, means— (a) the domestic partner of the person; or (b) a parent or step-parent of the person; or

Objects, important concepts and principles Part 2 Section 8 R7 26/11/25 Senior Practitioner Act 2018 Effective: 26/11/25 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) a sibling or step-sibling of the person; or (d) a child or stepchild of the person, or another child for whom the person has parental responsibility. exempt entity means— (a) a person exercising a function under— (i) the Corrections Management Act 2007; or (ii) the Children and Young People Act 2008, chapters 4 to 9 (the criminal matters chapters); or (iii) the Mental Health Act 2015; or (iv) the Mental Health (Secure Facilities) Act 2016; or (b) a police officer acting under lawful authority; or (c) a person or other entity prescribed by regulation. informal carer, of a person, means an individual who— (a) provides personal care, support or assistance to the other person; but (b) does not provide the care, support or assistance— (i) under a contract of service or a contract for the provision of services; or (ii) in the course of doing voluntary work for a charitable, welfare or community organisation; or (iii) as part of the requirements of a course of education or training.

Part 2 Objects, important concepts and principles Section 9 page 8 Senior Practitioner Act 2018 Effective: 26/11/25 R7 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 9 Principles for providers (1) This section sets out principles to be taken into account by providers in providing services to people with behaviour that causes harm to themselves or others. (2) The service must be provided in a way that— (a) promotes the person’s— (i) development and physical, mental, social and vocational ability; and (ii) opportunities for participation and inclusion in the community; and (b) responds to the person’s needs and goals; and (c) ensures that, in the development of strategies for the person’s care and support, the provider works closely with the person and their family, their carers, any guardian or advocate for the person and any other relevant person; and (d) recognises that— (i) a person must be assumed to have decision-making capacity unless it is established that they do not; and (ii) a person must not be treated as being unable to make a decision unless all practicable steps to help them do so have been taken; and (iii) a person must not be treated as being unable to make a decision only because they make an unwise decision; and (e) involves— (i) positive behaviour support planning informed by evidence-based best practice; and

Objects, important concepts and principles Part 2 Section 9 R7 26/11/25 Senior Practitioner Act 2018 Effective: 26/11/25 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) the implementation of strategies, to produce behavioural change, focussed on skills development and environmental design; and (f) ensures transparency and accountability in the use of restrictive practices; and (g) recognises that restrictive practices should only be used— (i) as a last resort and when necessary to prevent harm to the person or others; and (ii) if the use is the least restrictive way of ensuring the safety of the person or others; and (h) recognises that restrictive practices should not be used punitively or in response to behaviour that does not cause harm to the person or others; and (i) aims to reduce or eliminate the need to use restrictive practices; and (j) ensures that any restrictive practices are only used in a way that is consistent with a positive behaviour support plan for the person.

Part 3 Restrictive practices and positive behaviour support plans Division 3.1 Limitation on use of restrictive practices Section 10 page 10 Senior Practitioner Act 2018 Effective: 26/11/25 R7 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Restrictive practices and positive behaviour support plans Division 3.1 Limitation on use of restrictive practices 10 Use of restrictive practice A provider, or a relevant person for a provider, must not use a restrictive practice on a person unless— (a) it is used in accordance with a registered positive behaviour support plan for the person; or (b) each of the following applies: (i) the provider or relevant person believes on reasonable grounds that it is necessary to use the restrictive practice to avoid imminent harm to the person or others; (ii) the restrictive practice is the least restrictive of the person as is possible in the circumstances having regard to— (A) the kinds of restrictive practices that may be used; and (B) how the restrictive practice is applied; and (C) how long the restrictive practice is applied; (iii) if practicable—the use of the restrictive practice is authorised by the person in charge of the provider.

Restrictive practices and positive behaviour support plans Part 3 Limitation on use of restrictive practices Division 3.1 Section 10A R7 26/11/25 Senior Practitioner Act 2018 Effective: 26/11/25 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 10A Use of restrictive practice other than under a registered positive behaviour support plan—reporting (1) This section applies if a provider, or a relevant person for a provider, uses a restrictive practice on a person under the circumstances mentioned in section 10 (b). (2) The provider must give the senior practitioner a report about the use of the restrictive practice within 5 days after the restrictive practice is used. (3) A report under subsection (2) must— (a) be made in accordance with any guideline made under section 27; and (b) state the following: (i) the name of the person on whom the restrictive practice was used; (ii) whether the person was a child when the restrictive practice was used; (iii) the kind of restrictive practice used; (iv) for how long the restrictive practice was used; (v) the reason why the restrictive practice was used; (vi) what prior attempt (if any) was made to avoid the use of the restrictive practice; (vii) the effect of the restrictive practice on the person’s behaviour; (viii) the name of the person who authorised the use of the restrictive practice (if relevant); (ix) the name of the person who used the restrictive practice.

Part 3 Restrictive practices and positive behaviour support plans Division 3.2 Positive behaviour support plans Section 11 page 12 Senior Practitioner Act 2018 Effective: 26/11/25 R7 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 3.2 Positive behaviour support plans 11 Meaning of positive behaviour support plan A positive behaviour support plan is a plan for a person that describes the strategies to be used in supporting the person’s behaviour, including strategies to— (a) build on the person’s strengths and increase their life skills; and (b) reduce the intensity, frequency and duration of behaviour that causes harm to the person or others. 12 Guidelines about positive behaviour support plans (1) The senior practitioner must make guidelines about positive behaviour support plans, including— (a) the content of plans; and (b) the preparation of plans; and (c) the assessment and approval of plans; and (d) the review and amendment of plans; and (e) notifying the senior practitioner about the use of restrictive practices under plans. (2) Guidelines for subsection (1) (a) must require a positive behaviour support plan for a person to include— (a) in relation to behaviour of the person that is causing harm to the person or others, a description of— (i) the intensity, frequency and duration of the behaviour; and (ii) the consequences of the behaviour; and (iii) the early warning signs and triggers for the behaviour, if known; and

Restrictive practices and positive behaviour support plans Part 3 Positive behaviour support plans Division 3.2 Section 12 R7 26/11/25 Senior Practitioner Act 2018 Effective: 26/11/25 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the positive strategies that must be attempted before using a restrictive practice; and (c) for each restrictive practice proposed to be used— (i) the circumstances in which the restrictive practice is to be used; and (ii) the procedure for using the restrictive practice, including observations and monitoring that must happen while the restrictive practice is being used; and (iii) any other measure that must happen while the restrictive practice is being used that is necessary to ensure the person’s proper care and treatment and that the person is safeguarded from abuse, neglect and exploitation; and (iv) the intervals at which use of the restrictive practice must be reviewed by the provider. (3) Guidelines for subsection (1) (b) must require a provider, in preparing a positive behaviour support plan for a person, to— (a) consult as appropriate with the person, their family, carers, any guardian or advocate for the person and any other relevant person; and (b) use the assistance of a person with professional expertise or appropriate experience in relation to positive behaviour support. (4) Guidelines for subsection (1) (c) must require the assessment of a plan to be done by a panel that is independent of the provider. (5) In developing guidelines under this section, the senior practitioner must consult as appropriate with relevant stakeholders and community members. (6) A guideline is a disallowable instrument.

Part 3 Restrictive practices and positive behaviour support plans Division 3.2 Positive behaviour support plans Section 13 page 14 Senior Practitioner Act 2018 Effective: 26/11/25 R7 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 13 Preparation of positive behaviour support plan A provider may prepare a positive behaviour support plan for a person and give the plan to a panel for approval. 14 Approval of positive behaviour support plan (1) A panel that receives a positive behaviour support plan for approval under section 13 must assess the plan and decide whether or not to approve the plan. (2) The panel may approve the plan only if satisfied— (a) the plan is consistent with the guidelines made under section 12; and (b) any restrictive practice included in the plan is necessary to prevent harm to the person or others and is the least restrictive approach reasonably available. (3) The panel must give written reasons for its decision to the provider. 15 Registration of positive behaviour support plan (1) A provider may apply to the senior practitioner for registration of a positive behaviour support plan approved under section 14. (2) The application must be in writing and include— (a) the name and business address of the provider; and (b) a copy of the plan; and (c) the written reasons of the positive behaviour support panel for approval of the plan; and (d) any other matter prescribed by regulation. Note It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

Restrictive practices and positive behaviour support plans Part 3 Positive behaviour support plans Division 3.2 Section 16 R7 26/11/25 Senior Practitioner Act 2018 Effective: 26/11/25 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) The senior practitioner may, in writing, require the provider to give the senior practitioner additional information the senior practitioner reasonably needs to decide the application. (4) If the provider does not comply with the requirement within 28 days after the day the request is made, the senior practitioner may refuse to consider the application further and the application will lapse. (5) On application, the senior practitioner must either— (a) register the positive behaviour support plan; or (b) refuse to register the plan. (6) The senior practitioner may register the plan only if satisfied— (a) the plan is consistent with the guidelines made under section 12; and (b) any restrictive practice included in the plan is necessary to prevent harm to the person or others and is the least restrictive approach reasonably available. 16 Copy of positive behaviour support plan to be given to person etc On registration of a positive behaviour support plan, the provider in relation to the plan must give a copy of the plan to— (a) the person who is the subject of the plan; and (b) if the person has a guardian—the person’s guardian; and (c) if the person is a child— (i) each person with parental responsibility for the child; and (ii) the public advocate.

Part 3 Restrictive practices and positive behaviour support plans Division 3.2 Positive behaviour support plans Section 17 page 16 Senior Practitioner Act 2018 Effective: 26/11/25 R7 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 17 Review and amendment of positive behaviour support plan (1) The provider in relation to a registered positive behaviour support plan must keep the plan under review and take steps to have it amended whenever necessary to reflect a change in circumstances. Example If a plan includes a restrictive practice and it becomes no longer necessary to use the restrictive practice. (2) The provider must review the plan at any time on written request of the person who is the subject of the plan. (3) If the person has difficulty putting the request in writing, the provider must give the person reasonable assistance to do so. 18 Positive behaviour support plan expires after 12 months A registered positive behaviour support plan expires 12 months after the day the plan is registered. 19 Register of positive behaviour support plans (1) The senior practitioner must keep a register of positive behaviour support plans registered under section 15. (2) The register must include the following details for each plan: (a) the name of the provider that applied for registration of the plan; (b) particulars of the panel that approved the plan; (c) particulars of the plan; (d) the date the plan was registered; (e) the date the plan expires; (f) anything else prescribed by regulation.

Restrictive practices and positive behaviour support plans Part 3 Positive behaviour support panels Division 3.3 Section 20 R7 26/11/25 Senior Practitioner Act 2018 Effective: 26/11/25 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) The register may— (a) include any other information the senior practitioner considers relevant; and (b) be kept in any form, including electronically, that the senior practitioner decides. (4) The senior practitioner may— (a) correct a mistake, error or omission in the register; and (b) change a detail included in the register to keep the register up-to-date. 20 Provider to monitor and record use of restrictive practices The provider in relation to a registered positive behaviour support plan must— (a) monitor and make a record of any use of restrictive practices under the plan; and (b) notify the senior practitioner about the use of restrictive practices in accordance with section 10A and any guidelines made under section 12 or section 27. Division 3.3 Positive behaviour support panels 21 Guidelines about positive behaviour support panels (1) The senior practitioner must make guidelines about the composition of positive behaviour support panels, including the experience, qualifications and membership needed. (2) A guideline is a disallowable instrument.

Part 3 Restrictive practices and positive behaviour support plans Division 3.3 Positive behaviour support panels Section 22 page 18 Senior Practitioner Act 2018 Effective: 26/11/25 R7 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 22 Registration of positive behaviour support panels (1) A person may apply to the senior practitioner for registration of a positive behaviour support panel. (2) The application must be in writing and include— (a) the name and business address of the applicant; and (b) particulars of each member of the proposed panel, including the member’s— (i) name; and (ii) contact details; and (iii) experience and qualifications; and (c) any other matter prescribed by regulation. Note It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4). (3) The senior practitioner may, in writing, require the applicant to give the senior practitioner additional information the senior practitioner reasonably needs to decide the application. (4) If the applicant does not comply with the requirement within 28 days after the day the request is made, the senior practitioner may refuse to consider the application further and the application will lapse. (5) On application, the senior practitioner must either— (a) register the panel; or (b) refuse to register the panel.

Restrictive practices and positive behaviour support plans Part 3 Positive behaviour support panels Division 3.3 Section 23 R7 26/11/25 Senior Practitioner Act 2018 Effective: 26/11/25 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 23 Register of positive behaviour support panels (1) The senior practitioner must keep a register of positive behaviour support panels registered under section 22. (2) The register must include the following details for each panel: (a) the name of the person who applied for registration of the panel; (b) a nominated contact person for the panel, including their contact details; (c) particulars of the panel; (d) the date the panel was registered. (3) The register may— (a) include any other information the senior practitioner considers relevant; and (b) be kept in any form, including electronically, that the senior practitioner decides. (4) The senior practitioner may— (a) correct a mistake, error or omission in the register; and (b) change a detail included in the register to keep the register up-to-date.

Part 4 Senior practitioner Section 24 page 20 Senior Practitioner Act 2018 Effective: 26/11/25 R7 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Senior practitioner 24 Appointment of senior practitioner (1) The director-general must appoint a public servant as the Senior Practitioner. Note For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. (2) The director-general may appoint a person as the senior practitioner only if satisfied that the person has the qualifications, clinical experience and personal qualities necessary to exercise the senior practitioner’s functions. (3) An appointment is a notifiable instrument. 25 Delegation by senior practitioner (1) The senior practitioner may delegate the senior practitioner’s functions under this Act to another public servant. Note For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4. (2) The senior practitioner may delegate a function to a person only if the senior practitioner is satisfied that the person has the training, experience and personal qualities necessary to exercise the function. 26 Functions of senior practitioner The senior practitioner has the following functions: (a) to promote the reduction and elimination of the use of restrictive practices by providers to the greatest extent possible; (b) to oversee the use of restrictive practices in accordance with this Act;

Senior practitioner Part 4 Section 26 R7 26/11/25 Senior Practitioner Act 2018 Effective: 26/11/25 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) to ensure, to the greatest extent possible, that— (i) the rights of people who may be subject to restrictive practices are protected; and (ii) providers comply with any applicable guidelines and standards on the use of restrictive practices; (d) to develop guidelines and standards on the use of restrictive practices; (e) to disseminate information, and provide education about restrictive practices and the rights of people who may be subject to restrictive practices; (f) to give advice to providers about reducing and eliminating the use of restrictive practices; (g) to give advice to people who may be subject to restrictive practices; (h) to give directions to providers about the use of restrictive practices under positive behaviour support plans; (i) to develop links and access to professionals, professional bodies and academic institutions for the purpose of promoting knowledge and training in restrictive practices; (j) to carry out research into the reduction, elimination and use of restrictive practices and provide information on best practice options to providers; (k) to undertake any other function relating to a person or class of people as may be directed, in writing, by the director-general; (l) any other function given to the senior practitioner under this Act or another territory law. Note A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).

Part 4 Senior practitioner Section 27 page 22 Senior Practitioner Act 2018 Effective: 26/11/25 R7 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 27 Senior practitioner may make guidelines (1) The senior practitioner may make guidelines for this Act consistent with its objects, including guidelines in relation to the use of restrictive practices. Note The senior practitioner is required to make guidelines about certain matters in relation to positive behaviour support plans (see s 12) and positive behaviour support panels (see s 21). (2) In developing guidelines under this section, the senior practitioner must consult as appropriate with relevant stakeholders and community members. (3) A guideline may apply, adopt or incorporate an instrument, as in force from time to time. Note The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)). (4) A guideline is a disallowable instrument.

Complaints and investigations Part 5 Complaints Division 5.1 Section 28 R7 26/11/25 Senior Practitioner Act 2018 Effective: 26/11/25 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5 Complaints and investigations Division 5.1 Complaints 28 Making a complaint (1) A person may complain to the senior practitioner about— (a) anything done by a provider in relation to a positive behaviour support plan that permits the use of a restrictive practice, including its development or implementation; or (b) the use of a restrictive practice by a provider. Note Complaints may also be made to the human rights commission (www.hrc.act.gov.au) about a range of services, for example health services, disability services and services for children and young people. (2) A complaint may be made by the person who is the subject of a positive behaviour support plan or anyone else. (3) The complaint must be in writing and include the name and address of the person making the complaint (the complainant). (4) However, the complaint— (a) may be made orally if the senior practitioner is satisfied on reasonable grounds that exceptional circumstances justify action without a written complaint; and (b) need not include the complainant’s name and address if the senior practitioner is satisfied on reasonable grounds that exceptional circumstances justify action without the complainant’s name and address. Example—exceptional circumstances Waiting until the complaint is put in writing would make action in response to the complaint impossible or impractical.

Part 5 Complaints and investigations Division 5.1 Complaints Section 29 page 24 Senior Practitioner Act 2018 Effective: 26/11/25 R7 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (5) If the complaint is made orally, the senior practitioner must make a written record of the complaint as soon as practicable after receiving the complaint. (6) If a complaint does not include the complainant’s name and address, the senior practitioner need not report to the complainant under— (a) section 31 (Investigation of complaint); or (b) section 38 (No action to be taken). (7) The senior practitioner may make arrangements for people with particular communication needs to ensure they have adequate opportunity to make a complaint. 29 Withdrawing a complaint (1) A complainant may withdraw the complaint at any time by written notice to the senior practitioner. (2) If the complainant has difficulty putting the notice in writing, the senior practitioner must give the complainant reasonable assistance to do so. (3) If the complainant withdraws the complaint, the senior practitioner need not, but may, take further action on the complaint. 30 Request for further information or verification (1) The senior practitioner may at any time request a complainant to give the senior practitioner— (a) further information about the complaint; or (b) a written statement verifying all or part of the complaint. (2) If the senior practitioner makes a request under this section, the senior practitioner must give the complainant a reasonable period of time to satisfy the request and may extend the period, whether before or after it ends.

Complaints and investigations Part 5 Investigations Division 5.2 Section 31 R7 26/11/25 Senior Practitioner Act 2018 Effective: 26/11/25 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) If the complainant does not comply with the request, the senior practitioner need not, but may, take further action on the complaint. Division 5.2 Investigations 31 Investigation of complaint (1) The senior practitioner must take reasonable steps to investigate each complaint made to the senior practitioner. (2) However, the senior practitioner need not investigate a complaint if satisfied that the complaint— (a) is frivolous, vexatious or was not made honestly; or (b) lacks substance; or (c) cannot be made under this Act; or (d) would be better dealt with by another entity; or (e) is otherwise not appropriate for the senior practitioner to investigate. Examples 1 The matters raised by the complaint have been or are being dealt with by a court of tribunal, or are being or have already been dealt with by the senior practitioner. 2 It would be more appropriate for the matters raised by the complaint to be dealt with by another entity. (3) The senior practitioner may refer a complaint to another entity if satisfied that it would be more appropriate for the other entity to deal with the complaint. (4) Before investigating a complaint, the senior practitioner must— (a) tell the complainant in writing that the complaint is to be investigated; and

Part 5 Complaints and investigations Division 5.2 Investigations Section 32 page 26 Senior Practitioner Act 2018 Effective: 26/11/25 R7 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) tell the provider the subject of the complaint in writing— (i) that the senior practitioner has received a complaint about the provider; and (ii) the details of the complaint; and (iii) that the senior practitioner is going to investigate the complaint; and (iv) that the provider may make an oral or written submission to the senior practitioner about the complaint. (5) However, if the senior practitioner considers that disclosure of a particular detail of the complaint (including the relevant person’s name or address) may have an adverse effect on the relevant person, the senior practitioner— (a) must not disclose the detail; and (b) may instead include a general statement about the detail. (6) In this section: relevant person means— (a) a person who is the subject of a positive behaviour support plan about which a complaint is made; or (b) a person who is subject to a restrictive practice about which a complaint is made; or (c) if a complainant is not a person mentioned in paragraph (a) or (b)—the complainant. 32 Investigation without complaint (1) The senior practitioner may, on the senior practitioner’s own initiative, investigate— (a) anything done by a provider in relation to a positive behaviour support plan, including its development or implementation; or

Complaints and investigations Part 5 Investigations Division 5.2 Section 33 R7 26/11/25 Senior Practitioner Act 2018 Effective: 26/11/25 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the use of a restrictive practice by a provider. (2) An investigation initiated by the senior practitioner must, as far as practicable, be conducted as if it were an investigation of a complaint. 33 Power to enter premises to conduct investigation (1) This section applies if the senior practitioner believes on reasonable grounds that a restrictive practice is being used by a provider at a particular place or the senior practitioner receives a complaint about a restrictive practice used at a particular place. (2) The senior practitioner may— (a) enter the place, other than a part of the place used for residential purposes unless that part is also the place restrictive practices are being used; and (b) carry out an investigation into the restrictive practices used by the provider, which may include the following: (i) inspecting the place or a thing at the place; (ii) seeing or interviewing a person who is or may be subject to restrictive practices at the place; (iii) seeing or interviewing any person believed to be involved in the development, administration or implementation of restrictive practices at the place; (iv) inspecting, copying or removing documents relating to restrictive practices or a person subject to restrictive practices; (v) using any equipment reasonably required to effectively investigate restrictive practices used by the provider. Examples—equipment reasonably required • a camera • a recording device

Part 5 Complaints and investigations Division 5.2 Investigations Section 34 page 28 Senior Practitioner Act 2018 Effective: 26/11/25 R7 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) If the senior practitioner wants to interview a person who is or may be subject to restrictive practices, the senior practitioner must— (a) tell the person that the public advocate, or someone else chosen by the person, (a support person) may be present to provide support or assistance to the person during the interview; and (b) if the person decides to have a support person present—assist the person to contact the support person. (4) The senior practitioner may interview a person without a support person if— (a) after the senior practitioner has taken all practicable steps to help the person decide about having a support person present, the person is unable or unwilling to choose a support person; or (b) in the circumstances it is not practicable for a support person to attend the interview within a reasonable time. 34 Power to ask for information, documents and other things when conducting investigation (1) This section applies if the senior practitioner believes on reasonable grounds that a person can provide information or produce a document or something else relevant to an investigation under this division. (2) The senior practitioner may, by written notice given to the person, require the person to provide the information or produce the document or other thing. (3) The notice must state how, and the time within which, the person must comply with the requirement.

Complaints and investigations Part 5 Investigations Division 5.2 Section 35 R7 26/11/25 Senior Practitioner Act 2018 Effective: 26/11/25 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 35 Power to ask for assistance (1) The senior practitioner may ask a provider for assistance in the exercise of the senior practitioner’s functions, including asking a provider to— (a) produce a document or thing; or (b) provide an answer to a question. (2) A provider must give the senior practitioner any reasonable assistance the senior practitioner asks for under subsection (1). 36 Senior practitioner may keep document or other thing etc (1) If a document or something else is obtained under this division, the senior practitioner— (a) may take possession of, make copies of, or take extracts from, the document or may take possession of the other thing; and (b) may keep the document or other thing for a period (the retention period) that is necessary for the consideration to which the document or thing relates; and (c) must, during the retention period, allow anyone who would ordinarily be entitled to inspect the document or other thing if it were not in the possession of the senior practitioner, to copy or take extracts or inspect the document or other thing. (2) The senior practitioner must return a document or something else obtained under this division if the senior practitioner is no longer entitled, or no longer needs, to keep the document or thing to carry out the senior practitioner’s functions.

Part 5 Complaints and investigations Division 5.3 Actions after investigation Section 37 page 30 Senior Practitioner Act 2018 Effective: 26/11/25 R7 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 37 Privileges against self-incrimination and exposure to civil penalty (1) This section applies if a person is required by a notice under section 34 to produce a document or other thing or provide an answer to a question. (2) The person cannot rely on the common law privileges against self-incrimination and exposure to the imposition of a civil penalty to refuse to produce the document or other thing or answer the question. Note The Legislation Act, s 171 deals with client legal privilege. (3) However, any document or other thing obtained, or answer provided, directly or indirectly, because of the answering of the question or the producing of the document or other thing, is not admissible in evidence against the person in a criminal or civil proceeding, other than a proceeding for an offence in relation to the falsity of the information, document, other thing or answer. Division 5.3 Actions after investigation 38 No action to be taken (1) If, after investigating a complaint, the senior practitioner is not satisfied that any action needs to be taken in relation to the provider, the senior practitioner must— (a) tell the complainant, in writing, that the senior practitioner will take no further action on the complaint; and (b) take no further action on the complaint. (2) Subsection (1) (b) does not prevent the senior practitioner from taking further action on a complaint or investigating another complaint in relation to the same matter at a later date.

Complaints and investigations Part 5 Actions after investigation Division 5.3 Section 39 R7 26/11/25 Senior Practitioner Act 2018 Effective: 26/11/25 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 39 Directions to provider (1) This section applies if, after investigating a complaint, the senior practitioner is satisfied on reasonable grounds that action needs to be taken in relation to the provider. Examples 1 The provider is using a restrictive practice on a person other than in accordance with a registered positive behaviour support plan. 2 The use of a restrictive practice is not the least restrictive approach reasonably available or is otherwise inappropriate. (2) The senior practitioner may give the provider a direction in relation to any of the following: (a) a positive behaviour support plan, including amending the plan or preparing a new plan; (b) the use of a restrictive practice, including changing or stopping the use of a restrictive practice; (c) a matter prescribed by regulation. (3) A direction— (a) may include any reasonable condition the senior practitioner considers appropriate; and (b) may be contrary to a registered positive behaviour support plan; and (c) must be in writing and state— (i) the period for compliance with the direction; and (ii) if there is a registered positive behaviour support plan— that the senior practitioner may cancel the registration of the plan if the provider does not comply with the direction within the stated period. (4) If a provider receives a direction under this section, the provider must comply with the direction.

Part 5 Complaints and investigations Division 5.3 Actions after investigation Section 40 page 32 Senior Practitioner Act 2018 Effective: 26/11/25 R7 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (5) If the direction requires a new or amended positive behaviour support plan, the provider must give a copy of the plan as registered to— (a) the person who is the subject of the plan; and (b) if the person has a guardian—the person’s guardian; and (c) if the person is a child— (i) each person with parental responsibility for the child; and (ii) the public advocate. (6) On giving a direction to a provider in relation to a positive behaviour support plan, the senior practitioner must offer to give the provider advice to assist in the development of strategies to support the behaviour of the person who is the subject of the plan. 40 Senior practitioner may cancel registration (1) This section applies if— (a) the senior practitioner gives a direction to a provider under section 39 in relation to a positive behaviour support plan; and (b) the provider fails to comply with the direction. (2) The senior practitioner must give the provider notice of the senior practitioners’ intention to cancel the plan. (3) The notice must be in writing and state that— (a) the senior practitioner intends to cancel the registration of the plan because of the provider’s failure to comply with the direction; and (b) the provider may give a written submission to the senior practitioner showing cause why the registration should not be cancelled; and (c) a submission may be given to the senior practitioner within a period stated in the notice.

Complaints and investigations Part 5 Actions after investigation Division 5.3 Section 41 R7 26/11/25 Senior Practitioner Act 2018 Effective: 26/11/25 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) If the provider makes a submission in accordance with the notice, the senior practitioner— (a) must consider the submission; and (b) may consider any other relevant matter; and (c) must decide to either— (i) cancel the registration of the positive behaviour support plan; or (ii) not to cancel the registration. (5) If the provider does not make a submission in accordance with the notice, the senior practitioner must cancel the registration. (6) If the senior practitioner decides not to cancel the registration, the senior practitioner must tell the provider about the decision. 41 Cancellation notice (1) This section applies if the senior practitioner decides to cancel the registration of a positive behaviour support plan under section 40. (2) The senior practitioner must give a written notice (a cancellation notice) to the provider cancelling the registration starting on the date stated in the notice. (3) If the senior practitioner gives a cancellation notice to the provider, the senior practitioner must also take reasonable steps to tell any person whose interests are affected under the positive behaviour support plan about the cancellation. (4) The cancellation notice must be given to the provider before the date of cancellation stated in the notice.

Part 6 Information sharing Section 42 page 34 Senior Practitioner Act 2018 Effective: 26/11/25 R7 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 6 Information sharing 42 Senior practitioner may give information to particular entities (1) The senior practitioner may give protected information to any of the following if satisfied on reasonable grounds that the information is necessary for the exercise of the senior practitioner’s or entity’s functions: (a) the director-general responsible for the Education Act 2004; (b) the director-general responsible for the Education and Care Services National Law (ACT); (c) the director-general responsible for the Health Act 1993; (d) the director-general responsible for the Children and Young People Act 2008, other than chapter 20 of that Act; (e) the chief executive officer of the ACT Teacher Quality Institute; (f) the commissioner for fair trading; (g) a member of the human rights commission; (h) an official visitor; (i) the ombudsman; (j) an entity the senior practitioner has referred a complaint to under section 31; (k) the NDIS Quality and Safeguards Commission established under the National Disability Insurance Scheme Act 2013 (Cwlth), section 181A; (l) any other entity prescribed by regulation.

Information sharing Part 6 Section 42 R7 26/11/25 Senior Practitioner Act 2018 Effective: 26/11/25 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The senior practitioner may give protected information to the chief police officer if the senior practitioner is satisfied on reasonable grounds that the information is necessary for an investigation into the commission of an offence against a territory law. (3) In this section: protected information means information about a person that is given to, or obtained by, the senior practitioner or any other person who has exercised a function under this Act, because of the exercise of a function under this Act by the senior practitioner or other person. Example information obtained by the senior practitioner in conducting an investigation

Part 7 Notification and review of decisions Section 43 page 36 Senior Practitioner Act 2018 Effective: 26/11/25 R7 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 7 Notification and review of decisions 43 Meaning of reviewable decision—pt 7 In this part: reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision. 44 Reviewable decision notices If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision. Note The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 45 Applications for review The following people may apply to the ACAT for review of a reviewable decision: (a) an entity mentioned in schedule 1, column 4 in relation to the decision; (b) any other person whose interests are affected by the decision.

Offences Part 8 Section 46 R7 26/11/25 Senior Practitioner Act 2018 Effective: 26/11/25 page 37 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 8 Offences 46 Using restrictive practice other than in accordance with Act (1) A person commits an offence if the person— (a) is a provider or a relevant person for a provider; and (b) fails to comply with section 10 (Use of restrictive practice). Maximum penalty: 50 penalty units. (2) A person commits an offence if the person— (a) is a provider; and (b) fails to comply with section 10A (Use of restrictive practice other than under a registered positive behaviour support plan— reporting). Maximum penalty: 50 penalty units. (3) This section does not apply to a relevant person for a provider if the person was acting reasonably under the instruction or direction of the provider or otherwise in accordance with the provider’s policy. Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58). 47 Failing to comply with direction (1) A provider commits an offence if— (a) the senior practitioner gives the provider a direction under section 39; and (b) the provider fails to comply with the direction. Maximum penalty: 50 penalty units. (2) An offence against this section is a strict liability offence.

Part 8 Offences Section 48 page 38 Senior Practitioner Act 2018 Effective: 26/11/25 R7 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 48 Criminal liability of partner (1) This section applies if a partnership through a partner, servant or agent— (a) engages in conduct; and (b) the conduct is an offence against this Act. (2) Each partner (a liable partner) in the partnership is taken to commit the offence. (3) It is a defence to a prosecution for an offence against this Act if a liable partner proves that— (a) the partner did not know about the conduct that constituted the offence; and (b) either— (i) the partner took reasonable precautions and exercised appropriate diligence to ensure the partnership did not engage in the conduct; or (ii) the partner was not in a position to influence the partnership in relation to the conduct. Note The defendant has a legal burden in relation to the matters mentioned in s (3) (see Criminal Code, s 59). 49 Criminal liability of executive officer (1) An executive officer of a corporation is taken to commit an offence if— (a) the corporation commits an offence against this Act (a relevant offence); and (b) the officer was reckless about whether the relevant offence would be committed; and

Offences Part 8 Section 49 R7 26/11/25 Senior Practitioner Act 2018 Effective: 26/11/25 page 39 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) the officer was in a position to influence the conduct of the corporation in relation to the commission of the relevant offence; and (d) the officer failed to take reasonable steps to prevent the commission of the relevant offence. Maximum penalty: The maximum penalty that may be imposed for the commission of the offence by an individual. (2) Subsection (1) does not apply if the corporation would have a defence to a prosecution for the relevant offence. Note The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58). (3) In deciding whether the executive officer took (or failed to take) reasonable steps to prevent the commission of the relevant offence, a court must consider the following: (a) any action the officer took directed towards ensuring the following (to the extent that the action is relevant to the act or omission): (i) that the corporation arranges regular professional assessments of the corporation’s compliance with the provision to which the relevant offence relates; (ii) that the corporation implements any appropriate recommendation arising from such an assessment; (iii) that the corporation’s employees, agents and contractors have a reasonable knowledge and understanding of the requirement to comply with the provision to which the relevant offence relates; (b) any action the officer took when the officer became aware that the relevant offence was, or might be, about to be committed. (4) Subsection (3) does not limit the matters the court may consider.

Part 8 Offences Section 49 page 40 Senior Practitioner Act 2018 Effective: 26/11/25 R7 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (5) This section applies whether or not the corporation is prosecuted for, or convicted of, the relevant offence. (6) In this section: executive officer, of a corporation, means a person, however described and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation’s management.

Miscellaneous Part 9 Section 50 R7 26/11/25 Senior Practitioner Act 2018 Effective: 26/11/25 page 41 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 9 Miscellaneous 50 Annual report by senior practitioner (1) The senior practitioner must, as soon as practicable after the end of a financial year, prepare a written report on the exercise of the senior practitioner’s functions for the year. (2) The senior practitioner must give a copy of the report to the director-general. (3) The director-general must include the report in the director-general’s annual report under the Annual Reports (Government Agencies) Act 2004, section 7. 51 Protection of officials from liability (1) An official is not civilly liable for anything done or omitted to be done honestly and without recklessness— (a) in the exercise of a function under this Act; or (b) in the reasonable belief that the act or omission was in the exercise of a function under this Act. (2) Any civil liability that would, apart from subsection (1), attach to an official attaches instead to the Territory. (3) In this section: official means— (a) the senior practitioner; or (b) any other person exercising a function under this Act. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

Part 9 Miscellaneous Section 52 page 42 Senior Practitioner Act 2018 Effective: 26/11/25 R7 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 52 Protection of others from liability (1) Civil or criminal liability is not incurred only because of any of the following done honestly and without recklessness: (a) the making of a complaint under this Act; (b) the making of a statement, or the giving of a document or information, as required or permitted under a territory law, to the senior practitioner. (2) Also, giving any information honestly and without recklessness to the senior practitioner is not— (a) a breach of confidence; or (b) a breach of professional etiquette or ethics; or (c) a breach of a rule of professional conduct. 53 Regulation-making power (1) The Executive may make regulations for this Act. (2) A regulation may create offences and fix maximum penalties of not more than 30 penalty units for the offences.

Reviewable decisions Schedule 1 R7 26/11/25 Senior Practitioner Act 2018 Effective: 26/11/25 page 43 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Reviewable decisions (see pt 7) column 1 item column 2 section column 3 decision column 4 entity 1 15 register positive behaviour support plan person the subject of plan 2 15 refuse to register positive behaviour support plan applicant for registration of plan 3 22 refuse to register positive behaviour support panel applicant for registration of panel 4 39 give direction provider given direction 5 40 cancel registration of positive behaviour support plan • person the subject of plan • provider responsible for cancelled plan

Dictionary page 44 Senior Practitioner Act 2018 Effective: 26/11/25 R7 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • ACAT • Act • chief police officer • child • commissioner for fair trading • corporation • director-general (see s 163) • disallowable instrument (see s 9) • domestic partner (see s 169 (1)) • entity • Executive • exercise • fail • financial year • human rights commission • in relation to • law • Minister (see s 162) • notifiable instrument (see s 10) • official visitor • ombudsman • parent • penalty unit (see s 133) • person (see s 160) • prescribed • public servant • regulation

Dictionary R7 26/11/25 Senior Practitioner Act 2018 Effective: 26/11/25 page 45 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au • reviewable decision • territory law. complainant—see section 28 (2). harm to a person, means— (a) physical harm to the person; or (b) a serious risk of physical harm to the person; or (c) damage to property involving a serious risk of physical harm to the person. panel means a positive behaviour support panel. person with parental responsibility, for a child, means a parent or someone else with parental responsibility for the child under the Children and Young People Act 2008, division 1.3.2. positive behaviour support panel means a panel registered under section 22. positive behaviour support plan—see section 11. provider—see section 8. registered, in relation to a positive behaviour support plan, means registered under section 15. relevant person, for a provider, means an employee, agent, contractor or other person acting under the direction or on behalf of the provider. restrictive practice—see section 7. reviewable decision, for part 7 (Notification and review of decisions)—see section 43. senior practitioner means the Senior Practitioner appointed under section 24.

Endnotes 1 About the endnotes page 46 Senior Practitioner Act 2018 Effective: 26/11/25 R7 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes Legislation history 3 R7 26/11/25 Senior Practitioner Act 2018 Effective: 26/11/25 page 47 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history Senior Practitioner Act 2018 A2018-27 notified LR 15 August 2018 s 1, s 2 commenced 15 August 2018 (LA s 75 (1)) pt 8 commenced 1 July 2020 (s 2 (2) as am by A2019-16 s 4) remainder commenced 1 September 2018 (s 2 (1)) as amended by Senior Practitioner Amendment Act 2019 A2019-16 notified LR 14 June 2019 s 1, s 2 commenced 14 June 2019 (LA s 75 (1)) ss 9-11 commenced 1 July 2020 (s 2 (2) and see A2018-27 s 2 (2) (as am by this Act s 4)) remainder commenced 15 June 2019 (s 2 (1)) Senior Practitioner Amendment Act 2021 A2021-17 notified LR 11 August 2021 s 1, s 2 commenced 11 August 2021 (LA s 75 (1)) remainder commenced 12 August 2021 (s 2) Senior Practitioner Amendment Act 2022 A2022-22 notified LR 9 December 2022 s 1, s 2 commenced 9 December 2022 (LA s 75 (1)) remainder commenced 9 June 2023 (s 2 and LA s 79) Statute Law Amendment Act 2025 A2025-29 sch 3 pt 3.85, sch 4 pt 4.164 notified LR 6 November 2025 s 1, s 2 commenced 6 November 2025 (LA s 75 (1)) sch 3 pt 3.85, sch 4 pt 4.164 commenced 26 November 2025 (s 2 (3), (9))

Endnotes 4 Amendment history page 48 Senior Practitioner Act 2018 Effective: 26/11/25 R7 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Commencement s 2 am A2019-16 s 4 om LA s 89 (4) Meaning of restrictive practice s 7 am A2019-16 s 5; A2022-22 s 4 Use of restrictive practice s 10 sub A2019-16 s 6 Use of restrictive practice other than under a registered positive behaviour support plan—reporting s 10A ins A2019-16 s 6 Guidelines about positive behaviour support plans s 12 am A2025-29 amdt 4.165 Provider to monitor and record use of restrictive practices s 20 am A2019-16 s 7 Guidelines about positive behaviour support panels s 21 am A2025-29 amdt 4.165 Appointment of senior practitioner s 24 am A2025-29 amdt 4.165 Senior practitioner may make guidelines s 27 am A2025-29 amdt 4.165 Senior practitioner may give information to particular entities s 42 am A2019-16 s 8; pars renum R2 LA Reviewable decision notices s 44 am A2025-29 amdt 4.165 Using restrictive practice other than in accordance with Act s 46 hdg sub A2019-16 s 9 s 46 am A2019-16 s 10, s 11 Criminal liability of executive officer s 49 am A2025-29 amdt 3.312 Regulation-making power s 53 am A2022-22 s 5; A2025-29 amdt 4.165 Review of Act s 54 am A2021-17 s 4, s 5 exp 1 September 2024 (s 54 (2)) Dictionary dict def positive behaviour support panel am A2019-16 s 12 def relevant person ins A2019-16 s 13

Endnotes Earlier republications 5 R7 26/11/25 Senior Practitioner Act 2018 Effective: 26/11/25 page 49 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R1 1 Sept 2018 1 Sept 2018– 14 June 2019 not amended new Act R2 15 June 2019 15 June 2019– 30 June 2020 A2019-16 amendments by A2019-16 R3 1 July 2020 1 July 2020– 11 Aug 2021 A2019-16 commenced provisions and amendments by A2019-16 R4 12 Aug 2021 12 Aug 2021– 8 June 2023 A2021-17 amendments by A2021-17 R5 9 June 2023 9 June 2023– 1 Sept 2024 A2022-22 amendments by A2022-22 R6 2 Sept 2024 2 Sept 2024– 25 Nov 2025 A2022-22 expiry of provision (s 54) © Australian Capital Territory 2025

The Act’s regulatory core operates through a small set of defined legal concepts and linked administrative instruments. Those concepts materially determine scope, duties and compliance cost.

Restrictive practice (s 7). The Act defines restrictive practice as a practice used to restrict rights or freedom of movement for the primary purpose of protecting a person or others from harm. The definition lists five forms: chemical restraint, environmental restraint, mechanical restraint, physical restraint and seclusion. Each form receives a statutory gloss and specified exclusions. For example, chemical restraint is the use of medication or chemical substance for the primary purpose of influencing behaviour or movement, but does not include medication prescribed by a medical or nurse practitioner and used per prescription (s 7(2)). Seclusion is defined as sole confinement from which free exit is prevented, implicitly or explicitly, or not facilitated, with illustrative examples (s 7(1)(b)(v); s 7(2) example).
Provider (s 8). Provider means a person or entity providing education, disability, care and protection of children services, or a service prescribed by regulation. The definition excludes close family members, informal carers and “exempt entities” (s 8(1)(b)). Exempt entities are listed and include persons exercising functions under the Corrections Management Act 2007, certain criminal-chapter parts of the Children and Young People Act 2008 (chapters 4-9), the Mental Health Act 2015, the Mental Health (Secure Facilities) Act 2016, police acting under lawful authority, and any other entity prescribed by regulation (s 8(2)).
Positive behaviour support plan (PBS plan) (s 11). A PBS plan is a plan describing strategies to support a person’s behaviour, including strategies to build strengths and life skills and reduce the intensity, frequency and duration of behaviour that causes harm. The Act prescribes the elements that must be included in a plan through guidelines (s 12). The guidelines must require detailed behavioural descriptions, positive strategies to be attempted before restrictive practices, and for each restrictive practice proposed the circumstances, procedures, monitoring, safeguards and review intervals (s 12(2),(3),(4)). PBS plans must be assessed by a panel independent of the provider (s 12(4)).
Positive behaviour support panels (ss 21-23). Panels assess and approve plans and must be registered with the Senior Practitioner (s 22). The Senior Practitioner makes disallowable guidelines on panel composition and membership requirements (s 21). The panel must give written reasons for approval or refusal (s 14(3)).
Senior Practitioner (Pt 4, ss 24-27). Appointment by the director-general; must be a public servant with appropriate qualifications and clinical experience (s 24). The role includes promoting reduction of restrictive practices, overseeing compliance, protecting rights, developing and issuing guidelines, providing education and advice, directing providers, conducting research and exercising functions delegated to the office (s 26). The Senior Practitioner may delegate functions to other public servants (s 25).
Registers (ss 19, 23). The Senior Practitioner keeps registries of registered PBS plans and registered panels, with required particulars and discretionary additional information. Registers may be electronic and are correctable by the Senior Practitioner (s 19).
Investigatory and enforcement powers (Pt 5). The Senior Practitioner must take reasonable steps to investigate complaints (s 31) and may initiate investigations independently (s 32). The Senior Practitioner may enter premises (s 33), require production of documents and things by written notice (s 34), ask providers for assistance (s 35), retain documents for a necessary retention period with inspection rights for ordinarily entitled persons (s 36), and provide protected information to specified entities (s 42). The Senior Practitioner may give written directions to providers, including conditions and periods for compliance, and those directions may be contrary to a registered plan (s 39). Failure to comply with directions is an offence (s 47).
Offences, penalties and corporate liability (Pt 8). Key offences are failure to use restrictive practices in accordance with the Act (s 46), failure to report emergency uses (s 46(2)), and failure to comply with directions (s 47). Penalties for individual providers and relevant persons are up to 50 penalty units (s 46). The Act imposes liability on partners in partnerships when the partnership commits an offence (s 48) and potential criminal liability on executive officers of corporations for offences committed by the corporation where the officer was reckless and in a position to influence and failed to take reasonable steps to prevent the offence (s 49). The Act specifies matters a court must consider when assessing whether an executive officer took reasonable steps, including compliance audits, implementation of recommendations, and ensuring employees have knowledge of obligations (s 49(3)).
Information sharing and limits on privilege (ss 37, 42). The Senior Practitioner may share protected information with a limited set of Territory officials and the NDIS Commission where reasonably necessary for functions (s 42). Section 37 restricts common law privileges against self-incrimination and civil-penalty exposure for compelled production or answers; material obtained by compulsion is generally not admissible in subsequent civil or criminal proceedings except for proceedings about falsity of the information provided (s 37(3)).

These concepts converge to map a regulatory perimeter around uses of force, confinement and chemical and mechanical restriction in several service sectors. The statutory definitions, the obligation to use PBS plans, the panel approval requirement, the registers and the Senior Practitioner’s powers together create an integrated administrative regime intended to drive down restrictive practices, while creating oversight and investigatory layers.

The Act targets a defined set of service providers and persons receiving services within those providers’ settings. The statutory coverage and exclusions determine who is regulated, who is exempt and who acquires review rights and standing to complain.

Providers (s 8). The primary regulated population is providers who deliver education, disability, or care and protection of children services, or services prescribed by regulation. That captures public and private bodies operating in those sectors. The Act expressly excludes close family members of the service recipient, informal carers (as defined), and “exempt entities” (s 8(1)(b)). Exempt entities include functions under the Corrections Management Act 2007, certain criminal matters chapters of the Children and Young People Act 2008 (chapters 4-9), the Mental Health Act 2015, the Mental Health (Secure Facilities) Act 2016, police acting under lawful authority, and any entity prescribed by regulation (s 8(2)). The practical effect is that custodial and mental-health-specific statutory settings and law-enforcement actions sit outside the Act’s regulatory perimeter.
Relevant persons for a provider (s 7 dictionary; s 46(3) note). The definition of relevant person includes employees, agents, contractors or other people acting under the direction or on behalf of the provider. Criminal offence provisions apply to relevant persons as well as providers, with specified defences where the relevant person was acting reasonably under instruction or in accordance with the provider’s policy (s 46(3) note).
Service users and their representatives. People who are the subject of PBS plans are directly affected. On registration of a plan the provider must give a copy to the person, any guardian, and, for children, persons with parental responsibility and the public advocate (s 16). The Act protects decision-making capacity principles (s 9(d)), requires consultation in plan preparation (s 12(3)(a)), and gives the person the right to request review and amendment of a plan (s 17(2)).
Panels and panel members (ss 21-23). Individuals who operate independent PBS panels are regulated: panels must be registered (s 22), applications must include member particulars including experience and qualifications (s 22(2)(b)), and panel composition is subject to disallowable guidelines (s 21).
Senior Practitioner and public servants (ss 24-27). The Senior Practitioner is a statutory public servant appointed by the director-general and may delegate functions to other public servants. Officials exercising powers under the Act receive statutory protections from civil liability for honest, non-reckless acts (s 51).
Regulatory and oversight entities. The Senior Practitioner may disclose protected information to a list of specified Directors-General, the human rights commission, ombudsman, official visitors, commissioner for fair trading and the NDIS Quality and Safeguards Commission, among others (s 42). Those receiving information may thereby be drawn into regulatory action.
Corporations and their executive officers. The Act imposes direct criminal exposure on executive officers if the corporation commits an offence and the officer was reckless and failed to take reasonable steps to prevent it (s 49). The court must consider specified prevention measures in assessing reasonableness (s 49(3)).

Who pays in practice. Providers incur recurring compliance costs: preparing PBS plans in line with guidelines (s 12), engaging independent panels to assess plans (s 12(4)), applying to register plans and panels with necessary documentation (ss 15, 22), maintaining monitoring and recordkeeping systems and databases (s 20), and meeting reporting deadlines for emergency uses (s 10A(2),5 days). Providers also bear enforcement risk: directions from the Senior Practitioner can require changes to plans or stopping practices (s 39); failure to comply is a strict liability offence attracting up to 50 penalty units (s 47). Corporations must resource governance systems to insulate executive officers from s 49 liability: regular compliance audits, implementation of recommendations and staff training (s 49(3)).

Who decides. The Senior Practitioner holds significant discretionary authority to approve or refuse registration of plans and panels (ss 15, 22), to issue guidelines and directions (ss 12, 27, 39), to investigate and to cancel registrations for non-compliance (ss 31, 40-41). ACAT review is available for specified reviewable decisions listed in schedule 1 and discussed in Pt 7 (ss 43-45). Schedule 1 identifies who receives reviewable-decision notices and which persons may apply to ACAT (s 45).

The Act sets out concrete duties and corresponding rights for providers, panels, the Senior Practitioner and people subject to PBS plans.

Duties on providers

Limitations on use of restrictive practices (s 10). Providers and relevant persons must not use a restrictive practice unless it is used in accordance with a registered PBS plan, or, in the alternative, the provider reasonably believes such use is necessary to avoid imminent harm, is the least restrictive available in the circumstances and, where practicable, was authorised by the person in charge of the provider. The section establishes both an ongoing planning duty and an emergency justification pathway.
Reporting emergency uses (s 10A). If a restrictive practice is used outside a registered plan under s 10(b), the provider must report to the Senior Practitioner within 5 days. The report must follow Senior Practitioner guidelines (s 10A(3)(a)) and state specified particulars (s 10A(3)(b)(i)-(ix)), including the person’s identity, whether a child, the kind and duration of the restrictive practice, reasons, prior attempts to avoid the practice and the effect on behaviour.
Prepare, seek approval and register PBS plans (ss 11-16). Providers may prepare PBS plans (s 13), must submit them to an independent panel for approval (s 14), and may apply to the Senior Practitioner to register approved plans (s 15). The registration application must include provider details, a copy of the plan, the panel’s written reasons and any other prescribed matters (s 15(2)). The Senior Practitioner may request additional information and may refuse to consider the application if requested information is not supplied within 28 days (s 15(3)-(4)).
Monitor and record use of restrictive practices under registered plans and notify the Senior Practitioner pursuant to guidelines (s 20). Providers must keep plans under review and take steps to have plans amended when necessary (s 17). Registered plans expire after 12 months (s 18), so providers must re-register or update annually.
Assist investigations and comply with directions (ss 33-36, 39). Providers must provide reasonable assistance to the Senior Practitioner in investigations (s 35) and must comply with written directions that the Senior Practitioner gives after investigation (s 39(4)). Directions can require amending or preparing new plans, changing or stopping the use of practices, and may include conditions and periods for compliance (s 39(2)-(3)).

Rights and entitlements for service users and others

Consultation and decision-making capacity principles (s 9). Providers must assume decision-making capacity unless proven otherwise, take practicable steps to help a person make decisions, and not treat unwise decisions as incapacity (s 9(d)). Providers must work closely with the person and family, carers, guardians and advocates in developing strategies (s 9(c)).
Right to be given copies of registered plans (s 16). On registration, the provider must give a copy of the plan to the person, their guardian if any, and for children each person with parental responsibility and the public advocate (s 16).
Right to request review and amendment (s 17(2)). The person subject to the plan may request review at any time and must be given reasonable assistance to make such requests if they have difficulty in writing (s 17(3)).
Complaint and review rights (Pt 5 and Pt 7). Anyone may complain about a provider’s actions or use of restrictive practices (s 28). The Senior Practitioner must investigate complaints unless they are frivolous or otherwise unsuitable (s 31). Affected persons have the right to be told the complaint will be investigated and to be informed of providers’ rights to make submissions (s 31(4)). Reviewable decisions specified in schedule 1 attract review rights to ACAT; notice procedures are mandatory (ss 43-45, schedule 1).

Duties and powers of the Senior Practitioner

Guideline-making and oversight functions (ss 12, 21, 26, 27). The Senior Practitioner must make guidelines about PBS plans and panels and may make other guidelines consistent with objects. Guidelines are disallowable instruments (s 12(6), s 27(4)).
Investigatory powers (Pt 5). The Senior Practitioner must take reasonable steps to investigate complaints and may investigate on their own initiative (ss 31-32). Powers include entry and inspection (s 33), compelling production of documents (s 34), requesting assistance (s 35), retaining documents for a necessary retention period with inspection rights (s 36), and sharing protected information with listed entities where reasonably necessary (s 42).
Directions and cancellation (ss 39-41). After investigating, if action is necessary, the Senior Practitioner may give written directions, including conditions and compliance periods, and may cancel a plan registration where a provider fails to comply with a direction after notice and opportunity to show cause (ss 39-41).

Limits on privilege and protections for disclosure

Compelled answers and documents (s 37). The Act removes common law privileges against self-incrimination and exposure to civil penalties for compelled production or answers under s 34, while making such material generally inadmissible in criminal or civil proceedings except for falsity proceedings (s 37(2)-(3)). This balances investigatory reach with evidentiary protection for compelled disclosures.
Protections from civil liability (ss 51-52). Officials acting honestly and without recklessness exercising functions under the Act are protected from civil liability (s 51). People making complaints or providing required information honestly and without recklessness are protected from civil or criminal liability and from breaches of confidence in certain circumstances (s 52).

Sanctions and consequences

Criminal sanctions (Pt 8). Using restrictive practices otherwise than in accordance with s 10, failing to report under s 10A, and failing to comply with directions under s 39 are criminalised, with maximum penalties of 50 penalty units for individuals and potentially higher aggregate penalties through corporate liability schemes (ss 46-47).
Corporate and officer liability (ss 48-49). Partners in partnerships are taken to commit offences committed by the partnership, subject to a defence if a partner demonstrates lack of knowledge and reasonable precautions (s 48). Executive officers of corporations can be charged where the corporation commits an offence and the officer was reckless and failed to take reasonable steps to prevent it; courts must consider specified compliance actions (s 49(3)).

Each of the duties above is tightly tied to specific sections; providers should map operational policies and governance systems directly to those sections to ensure legal compliance and to manage enforcement and criminal risk.

The Act combines administrative enforcement, investigatory powers and criminal sanctions. Enforcement is led by the Senior Practitioner with supplemental referral and information-sharing channels.

Criminal offences and maximum penalties

Using restrictive practices contrary to the Act (s 46(1)). A person commits an offence if the person is a provider or relevant person and fails to comply with s 10. Maximum penalty: 50 penalty units. The Act notes that the Criminal Code (ch 2) applies to such offences and that offences expressed in penalty units are interpreted under the Legislation Act (s 5 note and endnotes).
Failure to report emergency uses (s 46(2)). A provider who does not comply with the reporting requirement in s 10A commits an offence. Maximum penalty: 50 penalty units.
Failure to comply with a direction (s 47). A provider who fails to comply with a direction given under s 39 commits an offence. Maximum penalty: 50 penalty units. This offence is strict liability (s 47(2)), which reduces the prosecution burden to prove fault and increases provider legal risk.
False or misleading statements. The Criminal Code prohibits false or misleading statements and documents; relevant provisions are noted in the context of registration applications (s 15(2) note).
Penalty unit values. At the republication date the penalty unit values are set out in the front material: $160 for an individual and $810 for a corporation (see front matter and Legislation Act references at republication date).

Corporate and officer liability

Partnership liability (s 48). If conduct by a partnership through a partner, servant or agent constitutes an offence, each partner is taken to commit the offence. There is a statutory defence if a partner proves lack of knowledge and either exercised appropriate diligence or was not in a position to influence the partnership. The defence bears a legal burden (s 48(3) note).
Executive officer liability (s 49). Executive officers of a corporation are taken to commit an offence if the corporation commits an offence and the officer was reckless about whether the offence would be committed, was in a position to influence corporate conduct, and failed to take reasonable steps to prevent the offence. The maximum penalty is the same as that applicable to an individual for the offence. The officer bears an evidential burden to show that the corporation would have a defence (s 49(2) note). The court must consider steps taken by the officer, including compliance audits, implementation of recommendations, and staff training and knowledge, when assessing whether reasonable steps were taken (s 49(3)).

Administrative enforcement and discretionary remedies

Directions (s 39). After investigating a complaint, if the Senior Practitioner is satisfied on reasonable grounds that action is needed, the Senior Practitioner may give written directions to a provider concerning PBS plans, the use of restrictive practices, or prescribed matters. Directions may include reasonable conditions, may be contrary to a registered plan, must state the period for compliance and warn that failure to comply could lead to cancellation of plan registration (s 39(2)-(3)).
Cancellation of registration (ss 40-41). If a provider fails to comply with a direction, the Senior Practitioner must give notice of intent to cancel the plan registration and allow the provider an opportunity to show cause (s 40(2)-(3)). If the provider does not submit the required showing within the period stated, the Senior Practitioner must cancel the registration (s 40(5)). Cancellation triggers notice obligations to affected persons (s 41(3)).
Investigatory powers and cooperation obligations (ss 31-36). The Senior Practitioner must take reasonable steps to investigate complaints (s 31) and may enter non-residential premises to investigate (s 33), require production of documents or things (s 34), and request assistance from providers (s 35). Providers must give reasonable assistance (s 35(2)). Material obtained may be retained for a necessary retention period with certain inspection rights preserved (s 36).
Information sharing (s 42). The Senior Practitioner may share protected information with specified public entities, including director-generals of several Acts, the human rights commission, the ombudsman, official visitors, commissioner for fair trading and the NDIS Quality and Safeguards Commission where reasonably necessary. That permits enforcement and regulatory follow-up by other agencies.

Procedural protections and review

Complaint and investigation safeguards (Pt 5). Before investigating a complaint the Senior Practitioner must tell the complainant and the provider that an investigation will take place, provide details, and notify the provider of the right to make submissions (s 31(4)). The Senior Practitioner may not disclose particular details if disclosure may have an adverse effect on a relevant person (s 31(5)).
Review rights (Pt 7, schedule 1). Certain decisions are reviewable by ACAT. Schedule 1 lists reviewable decisions (for example, register or refuse to register a PBS plan, refuse to register a panel, give a direction, cancel registration). The person must be given a reviewable decision notice (s 44), and affected persons may apply to ACAT for review (s 45).

Evidence and privilege

Compelled production and privilege (s 37). Persons required to produce documents or provide answers may not rely on common law privileges against self-incrimination or exposure to civil penalties to refuse (s 37(2)). However, anything obtained directly or indirectly as a result of compulsion is not admissible in evidence in criminal or civil proceedings against the person, except prosecutions for falsity of the produced material or answers (s 37(3)). This shields compelled material from use against the provider or person in general ancillary proceedings while leaving a specific exception for false statements.

Enforcement costs and incentives

The combination of criminal sanctions, strict liability for non-compliance with directions, executive officer exposure and administrative powers to cancel registrations creates strong incentives for providers to invest in compliance systems: registered PBS plans, independent panel approval, recordkeeping, incident reporting and governance oversight. The Act also gives the Senior Practitioner discretion to issue direction-based remedies that can be implemented immediately and to cancel registrations, creating operational and reputational consequences beyond monetary penalties.

The Act is integrated with, and deliberately excludes, certain other statutory regimes. The text contains express cross-references and carve-outs; these map administrative and enforcement intersections.

Criminal Code and Legislation Act

The Criminal Code applies to all criminal offences under the Act (s 5 note and front matter). General principles of criminal responsibility, burdens of proof, defences and definitions are governed by the Criminal Code as applicable.
Penalty units and the value of penalty units are governed by the Legislation Act 2001 (front material). The Act relies on those interpretive rules for penalty calculation and instrument classification.

Exempt entities and other specialist regimes

The Act excludes several statutory areas from the definition of “provider” by listing “exempt entities” (s 8(2)). Those exempt entities include persons exercising functions under:
- the Corrections Management Act 2007;
- the Children and Young People Act 2008, chapters 4 to 9 (the criminal matters chapters);
- the Mental Health Act 2015; and
- the Mental Health (Secure Facilities) Act 2016.
Police acting under lawful authority are also excluded (s 8(2)(b)), as is any entity the Executive prescribes by regulation (s 8(2)(c)). The effect is to place settings such as prison custody, criminal detention, and mental health secure facilities under different legislative regimes for use-of-force and restrictive-practice governance, rather than under the Senior Practitioner Act.

NDIS Quality and Safeguards Commission and Commonwealth linkages

The Senior Practitioner may share protected information with the NDIS Quality and Safeguards Commission established under the National Disability Insurance Scheme Act 2013 (Cwlth), s 181A (s 42(1)(k)). That provides a mechanism for inter-jurisdictional coordination of oversight where disability services fall under NDIS safeguards.
The Act also permits sharing with other Territory director-generals and oversight agencies (s 42(1)(a)-(j)) to enable complementary enforcement or follow-up under other statutory instruments.

Child protection, education and health links

The Senior Practitioner may share information with the director-general responsible for the Education Act 2004, for the Education and Care Services National Law (ACT), and for the Health Act 1993 (s 42(1)(a)-(c)). This anticipates regulatory coordination where restrictive practices intersect with schooling, early education or health service delivery.
The Act requires providers to inform guardians and the public advocate where plans relate to children (s 16).

Administrative instrument interactions

Guidelines made by the Senior Practitioner are disallowable instruments (s 12(6), s 27(4)). That places those guidelines on the same procedural plane as other subordinate legislation subject to scrutiny and potential disallowance by the Legislative Assembly under the Legislation Act.
Registers maintained by the Senior Practitioner may include additional prescribed details and may be kept electronically (s 19). Registers can be corrected and updated by the Senior Practitioner (s 19(4)), which interacts with information law and privacy obligations.

Privilege and evidentiary rules

Section 37 displaces common law privileges against self-incrimination and civil-penalty exposures in respect of compelled production under s 34, but limits the admissibility of material obtained by compulsion in subsequent proceedings (s 37(3)). The Act notes that the Legislation Act deals with client legal privilege (s 37 note), so counsel must consider those overlapping rules.

Regulations

The Executive may make regulations under s 53. Regulations may create offences with maximum penalties of not more than 30 penalty units (s 53(2)). The Act thus anticipates further rule-making that could expand or clarify obligations and create lower-tier criminal offences.

Administrative tribunal and review

Reviewable decisions under the Act are listed in schedule 1 and may be reviewed by the ACT Civil and Administrative Tribunal (ACAT) (ss 43-45 and schedule 1). Notice requirements and standing for review are regulated under Pt 7 and the ACAT Act. The Act notes the person making a reviewable decision must give a reviewable decision notice to certain entities listed in schedule 1, column 4 (s 44).

Operational overlap risks and duplication

For providers who operate in settings also regulated under mental health or corrections statutes, the Act’s explicit carve-outs mean those providers may instead be subject to separate statutory frameworks with different standards. Similarly, NDIS-registered providers interact with both Commonwealth NDIS safeguards and the Senior Practitioner’s information-sharing powers; the Act does not displace Commonwealth law but enables information exchange (s 42(1)(k)). Providers operating across multiple regulatory regimes must map obligations across Acts to avoid duplication, conflicting obligations or gaps.

The Act as republished was current to 26 November 2025 and includes amendments and commencements tracked in the endnotes. The republication notes and amendment history in the Act are part of the legal source. The material changes and dates, as recorded in the legislation history and the amendment history, are:

Senior Practitioner Act 2018 A2018-27: notified LR 15 August 2018. Sections 1 and 2 commenced 15 August 2018. Most of the Act commenced 1 September 2018, with specified parts commencing earlier or later per s 2 (see legislation history).
Senior Practitioner Amendment Act 2019 A2019-16: notified LR 14 June 2019. Sections 9-11 commenced 1 July 2020. The amendment made multiple changes, including substitution of s 10 (Use of restrictive practice), insertion of s 10A (reporting of non-plan uses), amendments to the definition of “positive behaviour support panel” and insertion of the “relevant person” definition in the dictionary. The amendment also adjusted s 20 (provider monitoring and recording).
Senior Practitioner Amendment Act 2021 A2021-17: notified LR 11 August 2021. The remainder of that Act commenced 12 August 2021.
Senior Practitioner Amendment Act 2022 A2022-22: notified LR 9 December 2022. The remainder commenced 9 June 2023. Section 7 (Meaning of restrictive practice) was amended by A2022-22 s 4.
Statute Law Amendment Act 2025 A2025-29: notified LR 6 November 2025. Selected amendments and commencement: sections 1 and 2 commenced 6 November 2025; specific schedule provisions commenced 26 November 2025. The 2025 amending instrument amended multiple provisions: s 12 (guidelines about PBS plans) was amended (amdt 4.165); s 21 (guidelines about panels) was amended (amdt 4.165); s 24 (appointment of Senior Practitioner) amended (amdt 4.165); s 27 amended (amdt 4.165); s 42 amended earlier by A2019-16 and later renumbered per the Legislation Act; s 44 was amended by A2025-29 amdt 4.165; s 46 headline and content were amended by A2019-16; s 49 (executive officer liability) was amended by A2025-29 amdt 3.312; s 53 regulation-making power was amended by A2022-22 s 5 and A2025-29 amdt 4.165. The amendment history table in the Act provides itemised changes (endnote 4).

Commencement notes and expiries

The Act contained a review provision s 54 which earlier had an expiry date; s 54 was amended by A2021-17 and expired 1 September 2024 per the earlier republication notes. The legislation history table records staggered commencements for particular provisions and for amendments.
The republication endnotes include a breakdown of earlier republications (R1-R6) and the successive amendment instruments that took effect through 2025.

What the amendments changed in practice

The 2019 amendments substantively reshaped the operation of the Act by replacing s 10 with a clarified limitation on use of restrictive practices and adding a mandatory 5-day reporting obligation for emergency uses via s 10A, and by adding the “relevant person” definition (affecting who can be charged).
Subsequent amendments adjusted definitions (s 7) and refined guideline powers and appointment procedures for the Senior Practitioner (A2021, A2022 and A2025 instruments).
The 2025 amendments included technical updates across guideline-making provisions, appointment mechanics and reviewable decision notice processes. Section references in the Act’s amendment history identify the precise provisions altered.

Readers should consult the legislation history and amendment history tables in the Act (endnotes 3-4) for a line-by-line account of changes and commencement dates. The Act’s republication includes editorial changes authorised by the Legislation Act part 11.3; these do not alter substantive effect but are recorded in the republished text (front matter).

The Act’s text, schedules and endnotes do not cite any judicial decisions or report litigation under the Act. The Act itself specifies that reviewable decisions may be brought to the ACT Civil and Administrative Tribunal (ACAT) under Pt 7 (ss 43-45 and schedule 1) and establishes the pathway for administrative review of decisions such as registration or cancellation of PBS plans and panels, and directions given to providers (schedule 1). The Act does not reference any court cases, nor does the republication include annotations of litigation.

Practical implication for legal advisers and litigators

The Act creates review rights to ACAT for defined reviewable decisions (s 45 and schedule 1). That is the immediate administrative review forum. Challenges to exercise of investigatory powers or to directions would ordinarily proceed by application for review in ACAT where the decision is one listed in schedule 1; non-listed decisions may attract judicial review or other remedies under general administrative law, but the Act limits explicit statutory reviewable decisions to those in schedule 1.
Absence of reported cases in the Act text means that legal practitioners must look to external case law repositories, tribunal decisions and subsequent litigation history after the republication date for authoritative interpretation of terms such as “reasonable grounds” in s 33, “least restrictive” in s 10, evidential burdens in s 46(3) and officer liability elements in s 49. This Act-based note cannot invent or cite judicial interpretations not present in the Act itself.

If any party seeks to litigate under the Act, the starting points are: the legislative definitions (ss 7-8), the obligations on providers (ss 10, 15-20), the investigatory and procedural protections (Pt 5) and the statutory review rights (Pt 7 and schedule 1).

The text contains several features likely to produce compliance pitfalls, operational surprises and legal risk for providers and their governing officers. These items are tied to specific sections and should be treated as concrete legal mechanics rather than evaluative labels.

Emergency use reporting deadline and detailed reporting requirements (s 10A). If a provider uses a restrictive practice outside a registered PBS plan relying on the emergency exception in s 10(b), the provider must report to the Senior Practitioner within 5 days (s 10A(2)). The report must include detailed items such as the person’s name, whether they were a child, the kind and duration of the restrictive practice, authorisation, prior attempts to avoid it and effect on behaviour (s 10A(3)(b)(i)-(ix)). Short reporting windows create administrative burden and potential offence exposure under s 46(2) if missed.
Strict liability for failure to comply with directions (s 47). Failure to comply with a direction under s 39 is a strict liability offence (s 47(2)). Strict liability lowers the prosecution’s burden and increases provider risk even where the failure to comply was due to inadvertence or contested facts. Providers should take directions seriously and document compliance steps.
Directions may be contrary to a registered plan (s 39(3)(b)). The Senior Practitioner’s directions can conflict with an already-registered PBS plan. That creates operational uncertainty about what plan governs day-to-day practice, and exposes providers to criminal and administrative consequences if they continue to act under the registered plan rather than the direction. The direction must be in writing and state a compliance period (s 39(3)(c)).
Executive officer criminal exposure with recklessness standard and positive compliance factors (s 49). Executive officers face liability if the corporation commits an offence and the officer was reckless, in a position to influence, and failed to take reasonable steps to prevent the offence (s 49(1)). Courts must consider specific corporate compliance measures (s 49(3)). Reasonable steps include arranging regular professional compliance assessments and implementing appropriate recommendations. Executive officers should proactively implement these measures to reduce liability risk.
Evidential and legal burdens. The Act allocates burdens of proof in multiple places: for example, the defence for relevant persons who claim they acted under instruction has an evidential burden (s 46(3) note referencing Criminal Code s 58), while the partnership defence in s 48(3) carries a legal burden (Criminal Code s 59). Practitioners must map burdens carefully when advising on evidence and plea strategies.
Register expiration and renewal obligation (s 18). Registered PBS plans expire after 12 months (s 18). Providers must ensure renewal or re-registration processes are timely; operating under an expired plan could place a provider outside the Act’s compliant pathway and risk prosecution under s 46(1).
Mandatory independent panel assessment (s 12(4)). Guidelines must require plan assessment by a panel independent of the provider. Providers that attempt in-house approvals without a registered independent panel will fail the statutory requirement. Panels themselves must be registered (s 22) and registration applications require particulars of each member including experience and qualifications (s 22(2)(b)). Providers who contract panel services should confirm panel registration and documentation.
Compelled productions and limited admissibility (s 37). Section 37 denies reliance on common law privileges to resist production orders under s 34, but material obtained by compulsion is generally inadmissible against the producer in subsequent criminal or civil proceedings, except for prosecutions for falsity (s 37(3)). Providers should understand that compelled disclosures can be used to prosecute false statements but otherwise carry limited direct evidentiary risk; however, the Senior Practitioner may use the material administratively, including to issue directions or cancel registrations.
Information sharing (s 42). The Senior Practitioner may share protected information with a specified list of Territory entities and the NDIS Commission when reasonably necessary for functions. Providers should expect cross-agency information flows, which can lead to follow-on regulatory action by other agencies beyond the Senior Practitioner’s immediate enforcement.
Guidelines are disallowable instruments (s 12(6), s 27(4)). While guidelines set mandatory content requirements for plans and panels, they are disallowable by the Legislative Assembly. Providers should monitor guideline development and disallowance processes because substantive operational obligations may change through subordinate law.
Exemptions carve out significant settings (s 8(2)). Providers operating in custodial, mental health secure facilities or under police authority will not fall within the Act’s regime. That means different compliance frameworks apply. Service providers working across settings must confirm which regime applies to particular persons or places.
Retention and access to seized materials (s 36). The Senior Practitioner may take possession of documents and retain them for a necessary retention period, but must allow anyone who would ordinarily be entitled to inspect the document to copy or inspect it during the retention period (s 36(1)(b)-(c)). Providers must plan for temporary loss of access to critical records during investigations.

These gotchas create concentrated compliance costs for providers and governance burdens for executive officers. Providers should build compliance checklists aligned with the statutory text, documented procedures for emergency uses, and robust incident-recording and reporting systems to reduce exposure.

This section sets out concrete, section-indexed steps for providers, panels and executive officers to operationalise compliance under the Act. The steps are practical and derived from the statutory duties and procedural requirements.

Classify your organisation’s status under the Act (s 8)
- Determine whether your entity is a “provider” under s 8 by identifying services you deliver: education, disability, care and protection of children, or services prescribed by regulation.
- Confirm whether any activity or setting is an “exempt entity” (s 8(2)), for example services under Corrections Management Act, Mental Health Acts or police actions. If so, the Senior Practitioner Act may not apply.
Inventory current practices and restrictive-practice exposure (s 7, s 9)
- Map practices that could fall within the five categories in s 7: chemical, environmental, mechanical, physical and seclusion.
- For each listed practice, document whether it is used for the primary purpose of protecting the person or others from harm, and whether any statutory exclusions apply (for example prescription-based medication per s 7(2)(b)).
- Ensure organisational policies align with the principles for providers in s 9, including presumption of decision-making capacity (s 9(d)) and requirement to prioritise positive behaviour support (s 9(e)).
Prepare and implement PBS plans in line with guideline content (ss 11-12)
- Use the Senior Practitioner’s guidelines on PBS plan content (s 12) as the mandatory template. Plans must describe:
  - intensity, frequency and duration of behaviours (s 12(2)(a)(i));
  - consequences and triggers (s 12(2)(a)(ii)-(iii));
  - positive strategies to be tried before any restrictive practice (s 12(2)(b));
  - for each proposed restrictive practice, the circumstances of use, procedures, monitoring, safeguarding measures and review intervals (s 12(2)(c)(i)-(iv)).
- Include consultation records showing engagement with the person, family, carers, guardian or advocate, and any other relevant person as required by s 12(3)(a).
- Engage a person with professional expertise in positive behaviour support as noted in s 12(3)(b).
Use an independent registered panel for approval (ss 12(4), 13-15, 21-23)
- Submit PBS plans to a positive behaviour support panel that is independent of the provider as required by s 12(4).
- Confirm the panel is registered under s 22. If using an external panel service, obtain a copy of the panel’s registration particulars (s 23) and the panel’s written reasons for approval (s 14(3)).
- If your organisation proposes to operate a panel, apply for panel registration under s 22 with member particulars including experience and qualifications (s 22(2)(b)).
Register approved PBS plans with the Senior Practitioner (s 15)
- File an application to register an approved PBS plan under s 15(1) with the prescribed documents: provider name and address, the plan, panel’s written reasons for approval and any other regulation-prescribed items (s 15(2)).
- Respond promptly to any request for additional information from the Senior Practitioner (s 15(3)). Failure to comply within 28 days may result in the application lapsing (s 15(4)).
- On registration, distribute copies of the plan to the person, guardian if any, and for children to each person with parental responsibility and to the public advocate (s 16).
Operationalise monitoring, recordkeeping and reviews (ss 17-20)
- Implement routine monitoring and recording of any use of restrictive practices under a registered plan (s 20(a)). Maintain a contemporaneous incident log that captures the items required in s 10A(3) to streamline reporting obligations.
- Review PBS plans whenever circumstances change and on any written request by the person subject to the plan (s 17(1)-(2)). Assist persons who have difficulty writing to make requests (s 17(3)).
- Track plan expiry dates and re-register or amend plans before the 12-month expiry (s 18).
Emergency-use procedures and 5-day reporting (ss 10, 10A)
- Maintain a documented incident response policy that captures the emergency exception under s 10(b): reasonable grounds to believe use was necessary for imminent harm, least restrictive option in the circumstances, and authorisation by the person in charge if practicable.
- Prepare standardised reporting templates that meet the Senior Practitioner’s guidelines (s 10A(3)(a)) and include all required information (s 10A(3)(b)(i)-(ix)). Ensure these templates allow you to meet the 5-day reporting deadline (s 10A(2)).
Prepare to cooperate with investigations (ss 31-36)
- Train staff on the Senior Practitioner’s investigatory powers: entry and inspection (s 33), production notices (s 34) and assistance requests (s 35). Designate an internal contact to coordinate responses and to provide documents within the time in a production notice (s 34(3)).
- Ensure policies for interviews with persons subject to restrictive practices respect the requirement to offer a support person and to assist in contacting a support person (s 33(3)-(4)).
- Maintain secure but accessible records so that, if materials are taken under s 36, persons ordinarily entitled to inspect them can be granted access per s 36(1)(c).
Legal risk management for executives (s 49)
- Executive officers should implement and document reasonable compliance systems: regular professional compliance assessments specific to restrictive-practice obligations, implementation of recommendations, staff training and a system for ensuring employees, agents and contractors understand statutory obligations (s 49(3)(a)(i)-(iii)).
- Keep records of audits, training sessions, and remediation steps. These records become central to a defence under s 49.
Responding to directions and notice procedures (ss 39-41)
- If the Senior Practitioner gives a direction, comply promptly and document steps. Directions must be in writing and state the period for compliance and cancellation risk (s 39(3)(c)).
- If a notice of intention to cancel is issued (s 40(2)), prepare a written submission showing cause why registration should not be cancelled within the period stated in the notice (s 40(3)(b)-(c)). If no submission is provided, cancellation is mandatory (s 40(5)).
Maintain governance, training and documentation
- Establish policies that incorporate s 9 principles, including presumption of decision-making capacity, positive behaviour support focus and avoidance of punitive use of restrictive practices (s 9(a)-(j)).
- Keep minutes of multidisciplinary consultations, consent processes, professional involvement in plan development, and evidence of least-restrictive options considered.
- Periodically review compliance against Senior Practitioner guidelines and any regulations.
Be prepared to use review rights (Pt 7, schedule 1)
- If a registrational decision, direction or cancellation adversely affects your operations, note that reviewable decisions are listed in schedule 1 and may be reviewed by ACAT (s 45). Ensure receipt of reviewable decision notices (s 44) and meet procedural timeframes for ACAT applications.
Privacy and information sharing (s 42)
- When sharing or preparing to receive information from the Senior Practitioner, check whether protected information disclosures are occurring, and review any obligations under privacy law and the specified disclosure recipients in s 42.

Checklist for immediate implementation (short form)

Classify whether your organisation is a “provider” under s 8.
Audit current practices against s 7 definitions and s 9 principles.
Draft PBS plan templates that meet s 12 content requirements.
Identify and contract with an independent, registered panel or apply to register a panel (s 22).
Establish incident logs and ensure 5-day reporting capability for emergency uses (s 10A).
Set up documentary compliance evidence for executive officers: audits, training records, implementation of recommendations (s 49(3)).
Train staff on investigatory cooperation and support-person protocols (ss 33-36).
Monitor plan expiry dates and re-registration workflows (s 18).
Prepare grievance and review response procedures for ACAT where relevant (Pt 7, schedule 1).

These steps map directly to statutory sections cited. Providers should treat the Act as creating ongoing operational obligations rather than a one-off registration exercise. Maintaining contemporaneous documentation and updating policies to incorporate Senior Practitioner guidelines will materially reduce the risk of administrative directions, registration cancellation or criminal exposure.

Senior Practitioner Act 2018

Plain English Summary

Deep Dive

What it does

Current sections

Senior Practitioner Act 2018

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply