Section 37(1) Add ‘person with a sufficient Extend the definition of those who can apply for an approval Guardianship and interest’ and ‘NDIS nominated to carry out restrictive interventions to “a person with a Administration Board Applications for person’ to those who can apply sufficient interest” and “NDIS nominated person” approvals to carry out Staff for approvals “person restrictive interventions A with a sufficient interest” would need to be defined (Issues Register) Consider in future review Division 3 Power to hear matters on its own The GAB seeks a power to hear any matter relating to a Guardianship and motion restrictive intervention on its own motion. Administration Board Approvals by Guardianship and It notes an earlier experience during a hearing in which “a Administration Board service provider was seen to be applying an idiosyncratic interpretation of the provisions” Power to hear matters on its own The Board currently has the power to hear a matter on its motion own motion in respect of all applications under the GA Act except in relation to applications for the review of enduring Continued guardianship Initially consider in review of the powers and functions of the GA Act Consider outcomes in future review Section 42 Power to appoint mediators GAB submits it should have a power to appoint mediators, Guardianship and when appropriate, in respect of applications for approval to Administration Board Approvals to carry out carry out a restrictive intervention or an application for review restrictive interventions under the Act Regulation of restrictive practices will be reviewed following full implementation of the NDIS Consider in future review Section 45 Extend entities that can an GAB submits that in many instances it is unlikely the person Guardianship and application to any person or with the disability has the capacity and resources to make a Administration Board Review, amendment and entity with “a sufficient interest” review application or the capacity to appoint a nominee revocation of approval by GAB GAB proposes the addition of a person or entity with “a – sufficient interest” which would need to be defined in the Act
Section 37(1) Applications for approvals to carry out restrictive interventions Add ‘person with a sufficient interest’ and ‘NDIS nominated person’ to those who can apply for approvals Extend the definition of those who can apply for an approval to carry out restrictive interventions to “a person with a sufficient interest” and “NDIS nominated person” A “person with a sufficient interest” would need to be defined Consider in future review Guardianship and Administration Board Staff (Issues Register) Division 3 Approvals by Guardianship and Administration Board Power to hear matters on its own motion The GAB seeks a power to hear any matter relating to a restrictive intervention on its own motion. It notes an earlier experience during a hearing in which “a service provider was seen to be applying an idiosyncratic interpretation of the provisions” Guardianship and Administration Board Power to hear matters on its own motion Continued The Board currently has the power to hear a matter on its own motion in respect of all applications under the GA Act except in relation to applications for the review of enduring guardianship Initially consider in review of the powers and functions of the GA Act Consider outcomes in future review Section 42 Approvals to carry out restrictive interventions Power to appoint mediators GAB submits it should have a power to appoint mediators, when appropriate, in respect of applications for approval to carry out a restrictive intervention or an application for review under the Act Regulation of restrictive practices will be reviewed following full implementation of the NDIS Consider in future review Guardianship and Administration Board Section 45 Review, amendment and revocation of approval by GAB Extend entities that can an application to any person or entity with “a sufficient interest” GAB submits that in many instances it is unlikely the person with the disability has the capacity and resources to make a review application or the capacity to appoint a nominee GAB proposes the addition of a person or entity with “a sufficient interest” – which would need to be defined in the Act Guardianship and Administration Board
DS_Act_Review_Report_Final_ver_1.A_accessible.docx