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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).
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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
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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
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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
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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
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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
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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
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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
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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
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(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
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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
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(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
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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
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(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
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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
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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
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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
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(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
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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
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(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
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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
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(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
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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
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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
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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;
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Section 26
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(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
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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
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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
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(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
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(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
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(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
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(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
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(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
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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
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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
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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
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(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
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(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
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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
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(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
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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
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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
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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
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(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
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(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
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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
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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
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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
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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
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• 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
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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
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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
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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