(1)  The Secretary, after considering a report provided to him or her under section 46(2) in relation to a disability services provider or funded private person, may, by notice in writing to the provider or funded private person, direct the provider or funded private person to do either or both of the following:

(a) to discontinue a restrictive intervention that has not been authorised by an approval under section 38 or section 42 ;

(b) to observe a practice or procedure, specified in the notice, in the carrying out of a restrictive intervention that has been authorised by an approval granted by the Secretary under section 38 .

(2)  The Tribunal, after considering a report provided to the Tribunal under section 46(3) in relation to a disability services provider or funded private person, may, by notice in writing to the provider or person, direct the provider or person to observe a practice or procedure, specified in the notice, in the carrying out of a restrictive intervention that has been authorised by an approval granted by the Tribunal under section 42 .

(3)  The Secretary may only give a direction under subsection (1) if the Secretary has considered the matters referred to in section 38(4) or (5) .

(4)  The Tribunal may only give a direction under subsection (2) if the Tribunal has considered the matters referred to in section 43 .

(5)  A disability services provider or funded private person to whom a direction under subsection (1) or (2) is given must not fail to comply with the direction.

Penalty:  Fine not exceeding 200 penalty units.

(6)  If a direction is given under subsection (1) to discontinue a restrictive intervention or a practice or procedure used in a restrictive intervention, the Senior Practitioner must provide assistance in developing alternative strategies for the management of the behaviour of the person in respect of whom the restrictive intervention is to be used.

(7)  The Secretary must as soon as practicable advise in writing a person with disability in respect of whom a restrictive intervention is to be used, or a person nominated by the person, of a direction given under subsection (1) in relation to the restrictive intervention.

(8)  The Tribunal must as soon as practicable advise in writing a person with disability in respect of whom a restrictive intervention is to be used, or a person nominated by the person, of a direction given under subsection (2) in relation to the restrictive intervention.

(9)  A direction given under this section in relation to a person with disability that is inconsistent with an approval under section 38 or section 42 in relation to the person is invalid to the extent of the inconsistency.