Disability Act 2006

If immediately before the commencement day an authorisation under section 132ZR(1) for the use of a regulated restrictive practice is in force, on and from the commencement day that authorisation is taken to be an authorisation for the use of the regulated restrictive practice under section 136 as substituted by the Disability and Social Services Regulation Amendment Act 2023.

If immediately before the commencement day a behaviour support plan is in force that includes the approved use of a regulated restrictive practice under section 145, on and from the commencement day that approval is taken to be an authorisation for the use of the regulated restrictive practice under section 136 as substituted by the Disability and Social Services Regulation Amendment Act 2023.

If immediately before the commencement day an approval under section 132ZV or 145A is in force, on and from the commencement day that approval is taken to be an approval for the use of the regulated restrictive practice under section 143 as substituted by the Disability and Social Services Regulation Amendment Act 2023.

Subject to subsection (5), if immediately before the commencement day a person could apply to VCAT for a review of a decision under section 132ZW or 146, on and from the commencement day—

the decision to be reviewed is taken to be a decision under section 136 or 143 (as the case requires) as substituted by the Disability and Social Services Regulation Amendment Act 2023; and

the person may apply for a review of that decision under section 144 as substituted by that Act.

The person must apply for a review under subsection (4) within 28 days after the day on which the person is notified of the decision.

On and from the commencement day, this Act as in force immediately before the commencement day continues to apply in respect of an application under section 132ZW or 146 that is before VCAT immediately before the commencement day.