Interpretation

In force

(1)

In this Part, unless the contrary intention appears—

Authorised

Program Officer, in respect of a prescribed NDIS provider, means a person authorised as an Authorised Program Officer in respect of the prescribed NDIS provider under section 23L;

behaviour support plan, in relation to a prescribed person, means—

(a)

a behaviour support plan for the prescribed person within the meaning of the NDIS Rules, as in force from time to time; or

Note—

A behaviour support plan under the NDIS Rules includes an interim behaviour support plan.

(b)

any other behaviour support plan or interim behaviour support plan (however described) prescribed by the regulations for the purposes of this paragraph;

detention—see section 23C;

level 1 restrictive practice means a restrictive practice (not being a restrictive practice consisting of or involving the detention of a person) declared by the regulations to be a level 1 restrictive practice;

level 2 restrictive practice means a restrictive practice, or combination of restrictive practices, (not being a restrictive practice consisting of or involving the detention of a person) declared by the regulations to be a level 2 restrictive practice;

NDIA means the National Disability Insurance Agency;

NDIS participant means a participant within the meaning of the National

Disability Insurance Scheme Act 2013;

NDIS

Quality and Safeguards Commission means the NDIS Quality and Safeguards Commission under the National

Disability Insurance Scheme Act 2013;

NDIS

Rules means—

(a)

the

National

Disability Insurance Scheme (Restrictive Practices and Behaviour

Support) Rules 2018;

(b)

if the rules referred to in paragraph (a) are revoked or replaced by rules made under the National

Disability Insurance Scheme Act 2013 dealing with restrictive practices—those rules, as in force from time to time;

NDIS supports means supports within the meaning of the National

Disability Insurance Scheme Act 2013;

premises includes a part of premises;

prescribed

NDIS provider—see section 23A(2);

prescribed person—see section 23A(3);

prohibited restrictive practices—see section 23D;

registered

NDIS provider has the same meaning as in the National

Disability Insurance Scheme Act 2013;

restrictive practice means a regulated restrictive practice (within the meaning of the

NDIS Rules);

Note—

Section 6 of the NDIS rules defines a regulated restrictive practice as follows:

(a)

seclusion, which is the sole confinement of a person with disability in a room or a physical space at any hour of the day or night where voluntary exit is prevented, or not facilitated, or it is implied that voluntary exit is not permitted;

(b)

chemical restraint, which is the use of medication or chemical substance for the primary purpose of influencing a person's behaviour. It does not include the use of medication prescribed by a medical practitioner for the treatment of, or to enable treatment of, a diagnosed mental disorder, a physical illness or a physical condition;

(c)

mechanical restraint, which is the use of a device to prevent, restrict, or subdue a person's movement for the primary purpose of influencing a person's behaviour but does not include the use of devices for therapeutic or non‑behavioural purposes;

(d)

physical restraint, which is the use or action of physical force to prevent, restrict or subdue movement of a person's body, or part of their body, for the primary purpose of influencing their behaviour.

Physical restraint does not include the use of a hands‑on technique in a reflexive way to guide or redirect a person away from potential harm/injury, consistent with what could reasonably be considered the exercise of care towards a person;

(e)

environmental restraint, which restricts a person's free access to all parts of their environment, including items or activities.

However, care should be taken to check the current form of the NDIS Rules before relying on that definition.

restrictive practices guidelines means the restrictive practices guidelines published under section 23H, as in force from time to time;

risk of harm—see subsection (2);

Senior

Authorising Officer means the person from time to time appointed as the Senior

Authorising Officer under section 23I.

(2)

For the purposes of this Part, a reference to behaviour of a person that constitutes a risk of harm will be taken to be a reference to any of the following behaviours, or a combination of any of the following behaviours:

(a)

the use of force against another person, or an express or implied threat that force will be used against another person;

(b)

self‑harm, or an express or implied threat of self‑harm;

(c)

behaviour that substantially increases the likelihood that physical or mental harm will be caused to the person or to any other person (whether intentionally or unintentionally);

(d)

any other behaviour of a kind prescribed by the regulations.

Regulations

This provision refers to the regulations (prescribed person, prescribed by the regulations, declared by the regulations). Made under this Act:

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23B Interpretation