Disability Rights, Inclusion and Safeguarding Act 2024

The Senior Practitioner has the following powers in relation to a disability services provider:to visit and inspect any place where disability services are being provided by the disability services provider; to see any person in relation to whom a restrictive practice has been, or is being, used by the disability services provider; to investigate, audit and monitor the use of restrictive practices by the disability services provider; to inspect and make copies of, or take extracts from, any document held by the disability services provider relating to any person in relation to whom a restrictive practice has been, or is being, used; to see, upon request, any person involved in the development, implementation or authorisation of any restrictive practice by the disability services provider; to request a disability services provider to provide information about any restrictive practice carried out by the provider; to give a written authorisation to the disability services provider for the use of a restrictive practice in relation to a person with disability.

The Senior Practitioner must, as soon as practicable after the occurrence of any of the following events, give notice in writing of that event to the person with disability affected by the event or a person nominated by that person with disability:an authorisation given under subsection (1)(g) or section 52 in respect of the person with disability; a direction given under section 59 in respect of the person with disability.

Notice of an event under subsection (2) must be given in a format which best supports the understanding of the person with disability affected by the event.

The Senior Practitioner may notify the NDIS Commissioner of any matter relating to an NDIS provider that has come to the Senior Practitioner's attention in the course of exercising a power or performing a function or duty under this Act.

The Senior Practitioner may, by notice in writing, prohibit the use of restrictive practices, or specified types of restrictive practice, in relation to a person with disability, or a class of people with disability, by – a disability services provider; or disability services providers belonging to a specified class of disability services provider.

Notice of a prohibition referred to in subsection (5) must be – given to each provider who is prohibited from using the restrictive practice specified in the notice; and published on a website operated by, or on behalf of, the Department.

The Senior Practitioner must provide a report to the Commissioner regarding the exercise of any power under subsection (1) in relation to a disability services provider within 28 days after exercising that power.