Victorian Numbered Acts

DISABILITY AMENDMENT ACT 2012 (NO. 22 OF 2012) - SECT 70

    (1)     At the foot of section 153(2)(c) of the Principal Act insert the following note—

" Note

Division 6 of this Part contains provisions in relation to the use of restrictive interventions in accordance with, and the inclusion of restrictive interventions in, a treatment plan.".

    (2)     After section 153(3)(a) of the Principal Act insert —

    "(ab)     explain to the person with a disability that the person can seek a review of the treatment plan by VCAT under section 155 at any time if the person wants to do so; and".

    (3)     In section 153(3)(b) of the Principal Act, after "Senior Practitioner" insert "for his or her approval".

    (4)     After section 153(3) of the Principal Act insert —

    "(3A)     On receiving a treatment plan under subsection (3)(b), the Senior Practitioner—

        (a)     must consider the acceptability of the treatment plan, having regard to—

              (i)     the provisions required to be included in the treatment plan by subsection (2); and

              (ii)     any law, policy or practice that the Senior Practitioner considers is relevant; and

        (b)     may—

              (i)     if he or she is satisfied that the treatment plan is acceptable, approve the treatment plan; or

              (ii)     direct the Authorised Program Officer to change the treatment plan; or

              (iii)     apply to VCAT for a review of the plan under section 155.".