Authorisation of use of level 1 or 2 restrictive practices by Senior Authorising Officer
13 Authorisation of use of level 1 or 2 restrictive practices by Senior Authorising Officer
For the purposes of section 23O(8) of the Act, the following requirements must be complied with:
a written notice under that subsection must contain the following information:
the name of the prescribed person; and
the name of the prescribed NDIS provider; and
the time and date on which the restrictive practices, or the period during which, the restrictive practices were used; and
information setting out the nature of the restrictive practices used; and
information setting out the reason the restrictive practices were used; and
information explaining the operation of Part 6A
Division 6 of the Act, and may contain such other information as the prescribed NDIS provider considers appropriate;
a written notice under that subsection must be given as soon as is reasonably practicable after using the relevant restrictive practice;
in the case where a restrictive practice is used in relation to a person over a period not exceeding 3 months, a written notice under that subsection may cover the entire period;
in the case where more than 1 restrictive practice is used in relation to a person, the written notices required under that subsection may be combined into 1 notice;
the prescribed NDIS provider must, as far as is reasonably practicable, ensure that a written notice under that subsection is given to a prescribed person in a form that is accessible to the prescribed person.
Pursuant to section 23O(10) of the Act, the Senior
Authorising Officer may refuse to grant an application under that section for any reason the Senior Authorising Officer thinks fit.
Pursuant to section 23O(10) of the Act, where the Senior
Authorising Officer has refused an application to authorise a prescribed NDIS provider to use level 1 or 2 restrictive practices in relation to a prescribed person, the prescribed NDIS provider is not entitled to make a further application to use the same restrictive practices in relation to the same prescribed person within 6 months after the initial application except—
where the circumstances of the prescribed person have changed in a material way since the initial application; or
with the permission of the Senior Authorising
Officer.
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