South Australian Current Acts South Australian Current Acts (1) In this Part,
unless the contrary intention appears—
"Authorised Program Officer", in respect of a prescribed NDIS provider, means
a person authorised as an Authorised Program Officer in respect of the
prescribed NDIS provider under section 23L;
"behaviour support plan", in relation to a prescribed person, means—
(a) a
behaviour support plan for the prescribed person within the meaning of the
NDIS Rules, as in force from time to time; or
Note—
A behaviour support plan under the NDIS Rules includes an interim behaviour
support plan.
(b) any
other behaviour support plan or interim behaviour support plan (however
described) prescribed by the regulations for the purposes of this paragraph;
"detention"—see section 23C;
"level 1 restrictive practice" means a restrictive practice (not being a
restrictive practice consisting of or involving the detention of a person)
declared by the regulations to be a level 1 restrictive practice;
"level 2 restrictive practice" means a restrictive practice, or
combination of restrictive practices, (not being a restrictive practice
consisting of or involving the detention of a person) declared by the
regulations to be a level 2 restrictive practice;
"NDIA" means the National Disability Insurance Agency;
"NDIS participant" means a participant within the meaning of the
National Disability Insurance Scheme Act 2013 ;
"NDIS Quality and Safeguards Commission" means the NDIS Quality
and Safeguards Commission under the National Disability Insurance Scheme
Act 2013 ;
"NDIS Rules" means—
(a) the
National Disability Insurance Scheme (Restrictive Practices and Behaviour
Support) Rules 2018 ; or
(b) if
the rules referred to in paragraph (a) are revoked or replaced by rules
made under the National Disability Insurance Scheme Act 2013 dealing
with restrictive practices—those rules,
as in force from time to time;
"NDIS supports" means supports within the meaning of the
National Disability Insurance Scheme Act 2013 ;
"premises" includes a part of premises;
"prescribed NDIS provider"—see section 23A(2);
"prescribed person"—see section 23A(3);
"prohibited restrictive practices"—see section 23D;
"registered NDIS provider" has the same meaning as in the
National Disability Insurance Scheme Act 2013 ;
"restrictive practice" means a regulated restrictive practice (within the
meaning of the NDIS Rules);
Note—
Section 6 of the NDIS rules defines a regulated restrictive practice as
follows:
(a)
seclusion, which is the sole confinement of a person with disability in a room
or a physical space at any hour of the day or night where voluntary exit is
prevented, or not facilitated, or it is implied that voluntary exit is not
permitted;
(b)
chemical restraint, which is the use of medication or chemical substance for
the primary purpose of influencing a person's behaviour. It does not include
the use of medication prescribed by a medical practitioner for the treatment
of, or to enable treatment of, a diagnosed mental disorder, a physical illness
or a physical condition;
(c)
mechanical restraint, which is the use of a device to prevent, restrict, or
subdue a person's movement for the primary purpose of influencing a person's
behaviour but does not include the use of devices for therapeutic or
non-behavioural purposes;
(d)
physical restraint, which is the use or action of physical force to prevent,
restrict or subdue movement of a person's body, or part of their body, for the
primary purpose of influencing their behaviour. Physical restraint does not
include the use of a hands-on technique in a reflexive way to guide or
redirect a person away from potential harm/injury, consistent with what could
reasonably be considered the exercise of care towards a person;
(e)
environmental restraint, which restricts a person's free access to all parts
of their environment, including items or activities.
However, care should be taken to check the current form of the NDIS Rules
before relying on that definition.
"restrictive practices guidelines" means the restrictive practices guidelines
published under section 23H, as in force from time to time;
"risk of harm"—see subsection (2);
"Senior Authorising Officer" means the person from time to time appointed as
the Senior Authorising Officer under section 23I.
(2) For the purposes
of this Part, a reference to behaviour of a person that constitutes a
"risk of harm" will be taken to be a reference to any of the following
behaviours, or a combination of any of the following behaviours:
(a) the
use of force against another person, or an express or implied threat that
force will be used against another person;
(b)
self-harm, or an express or implied threat of self-harm;
(c)
behaviour that substantially increases the likelihood that physical or mental
harm will be caused to the person or to any other person (whether
intentionally or unintentionally);
(d) any
other behaviour of a kind prescribed by the regulations.