(1)  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 section 42 if the Tribunal 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.

(2)  In determining whether to grant an approval under section 42 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 Tribunal 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.