(1)  The Secretary, after receiving under section 37(1) an application from a disability services provider or funded private person, may grant, or refuse to grant, approval for the provider or person to carry out, in relation to a person with disability specified in the approval, a type of restrictive intervention, specified in the notice, that is an environmental restriction.

(2)  An approval may only be granted under subsection (1) by notice in writing to –

(a) the disability services provider, or funded private person, to whom the approval is granted; and

(b) the person with disability to whom the approval relates.

(3)  An approval for the carrying out of a type of restrictive intervention in relation to a person with disability may only be granted by the Secretary under subsection (1) if the Secretary is satisfied that consultation on the Secretary's behalf with –

(a) the person or a person nominated by the person; and

(b) persons, if any, who have expertise in the carrying out of restrictive interventions of that type; and

(c) the Senior Practitioner –

has occurred and the Secretary has taken into account matters raised in that consultation.

(4)  An approval for the carrying out of a type of restrictive intervention in relation to a person with disability may only be granted by the Secretary under subsection (1) if the Secretary is satisfied that –

(a) the type of restrictive intervention will be carried out only for the primary purpose of ensuring the safety, health or wellbeing of the person or other persons; and

(b) the restrictive intervention is the type of restrictive intervention that is the least restrictive of the person's freedom of decision and action as is practicable in the circumstances.

(5)  In determining whether to grant an approval under this section for the carrying out by a disability services provider or funded private person of a type of restrictive intervention in relation to a person with disability, the Secretary must have regard to –

(a) the best interests of the person with disability; and

(b) the consequences to the person with disability if restrictive intervention of that type is carried out in relation to the person; and

(c) the consequences to the person with disability, or other persons, if restrictive intervention of that type is not carried out in relation to the person with disability; and

(d) any alternative method reasonably suitable and able to be used in relation to the person with disability to control the behaviour for which the type of restrictive intervention has been proposed; and

(e) the nature and degree of any significant risks to the person with disability if the restrictive intervention is carried out; and

(f) whether, and the extent to which, carrying out the restrictive intervention will promote or reduce the safety, health and wellbeing of the person with disability.