(1)  After receiving an application under section 41 and before holding a hearing under section 42 , the Tribunal may, subject to subsection (2) , grant provisional approval to carry out a restrictive intervention of a type referred to in section 42 .

(2)  The Tribunal must not grant provisional approval to carry out a restrictive intervention of a type referred to in section 42 unless the Tribunal has received from the Senior Practitioner a favourable assessment in respect of the following matters:

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

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

(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;

(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;

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

(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.

(3)  A provisional approval remains in effect for a period of up to 90 days.