(1)  The Tribunal, after receiving under section 41 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) a type of restrictive intervention, specified in the notice, that is a personal restriction; or

(b) a type of restrictive intervention, specified in the notice, that is an environmental restriction.

(2)  An approval may 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 Tribunal under subsection (1) by notice in accordance with subsection (2) if the Tribunal has consulted 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.

(4)  An approval may be granted under subsection (1) at the conclusion of a hearing for the purposes of subsection (5) .

(5)  The Tribunal may hold a hearing in respect of an application under section 41 for an approval.

(6)  For the purposes of subsection (5) , a hearing is to be held under the Tasmanian Civil and Administrative Tribunal Act 2020 .

(7)  At the hearing of an application for the purposes of subsection (5) , the Tribunal, in addition to granting or refusing to grant an approval under subsection (1) , may –

(a) require a party to the hearing to provide to the Tribunal any information required to be contained in an application under section 19 of the Guardianship and Administration Act 1995 ; and

(b) make an order under section 20(1) of the Guardianship and Administration Act 1995 appointing a guardian in relation to the person with disability to whom the approval relates, as if the application for an approval under this section were an application under section 19 of the Guardianship and Administration Act 1995 .