South Australian Current Acts South Australian Current Acts23O—Authorisation of use of level 1 or 2 restrictive practices
by Senior Authorising Officer
(1) The Senior
Authorising Officer may, on an application under this section or on the Senior
Authorising Officer's own motion, authorise a prescribed NDIS provider to use
level 1 or 2 restrictive practices, or level 1 or 2
restrictive practices of a specified kind, (or both) in relation to a
specified prescribed person.
(2) The Senior
Authorising Officer may only authorise a prescribed NDIS provider to use
level 1 or 2 restrictive practices in relation to a prescribed person if
the Senior Authorising Officer believes on reasonable grounds that—
(a) the
prescribed person is displaying behaviour that constitutes a risk of harm; and
(b) the
use of level 1 or 2 restrictive practices is necessary to minimise the
risk of harm, or to prevent further harm from being caused; and
(c) the
prescribed person has a behaviour support plan; and
(d) the
behaviour support plan was prepared in consultation with the
prescribed person; and
(e) the
use of level 1 or 2 restrictive practices of the relevant kind is
contemplated by, and consistent with, the prescribed person's behaviour
support plan.
(3) An authorisation
under this section—
(a) must
be in writing; and
(b) may
be conditional or unconditional; and
(c) must
set out—
(i)
the kind or kinds of restrictive practices that the
prescribed NDIS provider is authorised to use; and
(ii)
any conditions or limitations that apply to the
authorisation in relation to the use of restrictive practices, or
restrictive practices of a specified kind; and
(iii)
the date (if any) on which the authorisation ceases to
have effect; and
(iv)
any other information required by the regulations; and
(d) must
comply with any other requirements set out in the regulations.
(4) An application
under this section—
(a) may
only be made by a prescribed NDIS provider who is providing, or is to provide,
services to the specified prescribed person, or an Authorised Program Officer
in respect of such a prescribed NDIS provider; and
(b) must
be made in a manner and form determined by the Senior Authorising Officer; and
(c) must
be accompanied by such information or documents as the Senior
Authorising Officer may require; and
(d) must
comply with any other requirements set out in the regulations.
(5) A prescribed
NDIS provider must, in using level 1 or 2 restrictive practices
pursuant to an authorisation under this section, comply with the restrictive
practices guidelines.
(6) Without limiting
any other provision of this Part, or any other Act or law, a prescribed
NDIS provider may, in relation to the use of level 1 or 2
restrictive practices in relation to a prescribed person, do 1 or more of
the following:
(a)
enter and remain in a place where the prescribed NDIS provider reasonably
suspects the prescribed person may be found;
(b)
search the prescribed person's clothing or possessions and take possession of
anything in the prescribed person's possession that the prescribed person may
use to cause harm to themself or others, or to damage property;
(c)
retain anything so taken from the possession of the prescribed person for as
long as is necessary for reasons of safety (and then return the thing to the
prescribed person or otherwise deal with the thing according to law).
(7) A search referred
to in subsection (6)(b) must be carried out expeditiously and in a manner
that avoids, as far as reasonably practicable, causing the prescribed person
any humiliation or offence.
(8) A prescribed
NDIS provider who uses level 1 or 2 restrictive practices in
relation to a prescribed person pursuant to an authorisation under this
section must, in accordance with any requirements set out in the regulations,
cause a written notice in respect of the use of restrictive practices to be
given to—
(a) in
the case of a prescribed person who is a child—a parent or guardian of
the prescribed person; or
(b) in
the case of a prescribed person who has a guardian or substitute decision
maker—the guardian or substitute decision maker (as the case requires)
and the prescribed person; or
(c) in
any other case—the prescribed person.
(9) At the end of the
period during which an authorisation under this section has effect, the
Senior Authorising Officer may, on an application under this section or on the
Senior Authorising Officer's own motion, authorise the further use of
level 1 or 2 restrictive practices, or level 1 or 2
restrictive practices of a specified kind, (or both) in relation to a
particular prescribed person.
(10) The regulations
may make further provisions in relation to authorisations under this section
(including by prohibiting or limiting the making of applications in relation
to prescribed persons of a specified class, or in specified circumstances).