Part 6 Approvals of restrictive A restrictive intervention should only be approved and Guardianship and interventions to require implemented in accordance with a behaviour support plan Administration Board behaviour support plan which is required in other Australian jurisdictions The practice is required under the NDIS NQSF Consider in future review with new act to align with NQSF Section 33 Quantum and meaning of Penalties arise under Section 33 – Persons to provide Consultations penalties assistance to Senior Practitioner, &c; and Section 36 Use of Persons to provide unauthorised restrictive intervention prohibited; there are no assistance to Senior penalties under Part 4 Monitoring of Grants Practitioner Section 36 Quantum and meaning of There is currently no capacity under the Act to create new penalties offences in the Regulations or impose infringement penalties Use of unauthorised for existing offences restrictive intervention continued prohibited To create new offences or impose infringement penalties for existing offences will require amendment of the Act and the amount of infringement penalties would then be prescribed by DHHS through regulations under the Act Consider in future review Section 35 Power to monitor implementation GAB submits their functions should include the “power to Guardianship and and use of behaviour monitor the implementation of behaviour management plans Administration Board Functions of Senior management/support plans and use of behaviour management techniques, if a restrictive Practitioner intervention is approved or not, when directed by the Secretary or the GAB” Roles and functions of the Senior Practitioner will undergo significant revision in a new State act subject to the ongoing role of the State under the NDIS; the independence of the Senior Practitioner needs to be considered in this process Consider in future review once the States and the Commonwealth have reached agreement on roles and responsibilities
Part 6 Approvals of restrictive interventions to require behaviour support plan A restrictive intervention should only be approved and implemented in accordance with a behaviour support plan which is required in other Australian jurisdictions The practice is required under the NDIS NQSF Consider in future review with new act to align with NQSF Guardianship and Administration Board Section 33 Persons to provide assistance to Senior Practitioner Quantum and meaning of penalties Penalties arise under Section 33 – Persons to provide assistance to Senior Practitioner, &c; and Section 36 Use of unauthorised restrictive intervention prohibited; there are no penalties under Part 4 Monitoring of Grants Consultations Section 36 Use of unauthorised restrictive intervention prohibited Quantum and meaning of penalties continued There is currently no capacity under the Act to create new offences in the Regulations or impose infringement penalties for existing offences To create new offences or impose infringement penalties for existing offences will require amendment of the Act and the amount of infringement penalties would then be prescribed by DHHS through regulations under the Act Consider in future review Section 35 Functions of Senior Practitioner Power to monitor implementation and use of behaviour management/support plans GAB submits their functions should include the “power to monitor the implementation of behaviour management plans and use of behaviour management techniques, if a restrictive intervention is approved or not, when directed by the Secretary or the GAB” Roles and functions of the Senior Practitioner will undergo significant revision in a new State act subject to the ongoing role of the State under the NDIS; the independence of the Senior Practitioner needs to be considered in this process Consider in future review once the States and the Commonwealth have reached agreement on roles and responsibilities Guardianship and Administration Board
DS_Act_Review_Report_Final_ver_1.A_accessible.docx