Document ID: chunk:federal_register_of_legislation:F2020C01087:reg:27:p1
Version: federal_register_of_legislation:F2020C01087
Segment Type: reg
Provision Reference: reg 27 (pt 1/2)
Character Range: 35786–38554

27  Use of regulated restrictive practice in accordance with an authorisation process but not a behaviour support plan
 (1) This section applies to a person or entity if:
 (a) at a particular time (the transition time):
 (i) the person or entity is a registered NDIS provider (other than a transitioned RAC provider) for a participant; and
 (ii) the provision of supports involves the use of a regulated restrictive practice; and
 (iii) the use is not in accordance with a behaviour support plan for the person with disability; and
 (iv) the host jurisdiction in which the supports are provided has an authorisation process (however described) in relation to the use of the regulated restrictive practice; and
 (v) the use of the regulated restrictive practice is authorised in accordance with the authorisation process; and
 (b) at the transition time, the host jurisdiction in which the participant lives becomes a participating jurisdiction.
Note 1: For the meaning of host jurisdiction and participating jurisdiction, see sections 10 and 10A of the Act.
Note 2: Any provider approved as a registered provider of supports in a participating jurisdiction will automatically transition to be a NDIS provider in accordance with the National Disability Insurance Scheme (Quality and Safeguards Commission and Other Measures) Transitional Rules 2018.
 (2) The person or entity is not required to comply with sections 9 to 15 of this instrument in relation to the person with disability and the use of the regulated restrictive practice during the period:
 (a) starting at the start of the transition time; and
 (b) ending at the earliest of the following:
 (i) if the provider does not comply with subsection (3) within the period required by that subsection—the end of that period;
 (ii) if the Commissioner gives a written notice to the provider that this subsection no longer applies to the provider—the day specified in the notice (which must be at least 14 days after the notice is given);
 (iii) the end of 12 months after the transition time.
 (3) The person or entity must facilitate the development of a behaviour support plan for the person with disability that contains the use of the regulated restrictive practice and that meets the requirements of Division 2 of Part 3:
 (a) within 6 months after the start of the transition time; or
 (b) such longer period as directed by the Commissioner.
 (4) The registration of the person or entity as a registered NDIS provider is subject to the following conditions:
 (a) the person or entity must comply with subsection (3);
 (b) if requested by the Commissioner—the person or entity must provide a copy of the behaviour support plan developed in accordance with subsection (3) to the Commissioner within the period