(1)  A disability services provider or a funded private person must ensure that a type of restrictive intervention is not carried out in relation to a person with disability who is under the care or control of the disability services provider or a funded private person –

(a) unless, if the person with disability is not a person to whom paragraph (b) relates –

(i) there is in force an approval under section 38 or section 42 for the carrying out of the type of restrictive intervention in relation to the person; and

(ii) the restrictive intervention is carried out in accordance with any conditions or limitations specified in the approval; and

(iii) the restrictive intervention does not contravene a direction, if any, under section 47 in relation to the carrying out of the restrictive intervention in relation to the person; or

(b) if there is a relevant authorisation in relation to the person with disability, except if the restrictive intervention is the restrictive intervention authorised under that authorisation.

Penalty:  Fine not exceeding 200 penalty units.

(2)  It is a defence to a charge of an offence against subsection (1) in relation to a person with disability if –

(a) the disability services provider or funded private person establishes that the carrying out of the restrictive intervention in relation to the person with disability was required to protect the person with disability, or another person, from serious harm; and

(b) the restrictive intervention carried out was the least intrusive type of restrictive intervention that would have protected the person with disability, or another person, from serious harm; and

(c) the Senior Practitioner was notified by the disability services provider or funded private person as soon as practicable after the restrictive intervention was carried out; and

(d) no restrictive intervention, other than under an approval under section 38 or section 42 , was carried out in relation to the person with disability after 72 hours after the restrictive intervention was first carried out in relation to the person; and

(e) there is no relevant authorisation in relation to the person with disability.

(3)  For the purposes of this section, there is a relevant authorisation in relation to a person with disability if there is, in relation to the person, an authorisation by the Chief Psychiatrist, under the Mental Health Act 2013 , or an authorisation under another enactment, which –

(a) authorises the carrying out of an action by the Chief Psychiatrist, or another person acting under the authority of the Chief Psychiatrist, which action, but for paragraph (a) or (c) of the definition of  restrictive intervention in section 4 , would be a restrictive intervention; or

(b) authorises the Chief Psychiatrist, or another person, to carry out in relation to the person an action that is a restrictive intervention.

(4)  A reference in subsection (3) to an authorisation to carry out an action includes an order, direction, permission, requirement, or any other authority, to carry out the action.