Tasmanian Consolidated Acts

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DISABILITY SERVICES ACT 2011 - SECT 46

Senior Practitioner to investigate, &c., use of restrictive interventions
(1)  If the Senior Practitioner believes on reasonable grounds that a type of restrictive intervention is being carried out by a disability services provider or funded private person, the Senior Practitioner may –
(a) visit and inspect any part of the premises of the provider or any part of the funded private premises on which the restrictive intervention is being carried out; and
(b) observe and speak to a person who is subject to a restrictive intervention being carried out by the provider or funded private person; and
(c) investigate, audit and monitor the carrying out of a restrictive intervention by the provider or funded private person; and
(d) inspect and make copies of, or take extracts from, any document that –
(i) relates to a person who is subject to a restrictive intervention being carried out by the provider or funded private person; and
(ii) may be relevant to determining whether it is necessary to impose a restrictive intervention or determining the type of restrictive intervention that may be necessary to impose; and
(e) question a person involved in the development, implementation or application of such restrictive interventions; and
(f) request the provider or funded private person to provide information relating to a restrictive intervention carried out by the provider or funded private person.
(2)  The Senior Practitioner must provide a report to the Secretary in relation to the exercise of any powers under subsection (1) in relation to a disability services provider or funded private person.
(3)  If the Secretary is of the opinion that a restrictive intervention, in relation to a person with disability, to which a report provided to the Secretary under subsection (2) relates is a restrictive intervention authorised by an approval granted under section 42 by the Tribunal, the Secretary must provide a copy of the report to the Tribunal.



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