Document ID: chunk:federal_register_of_legislation:F2020C01087:reg:28
Version: federal_register_of_legislation:F2020C01087
Segment Type: reg
Provision Reference: reg 28
Character Range: 38587–41390

28  Use of regulated restrictive practice where no authorisation process or 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 does not have an authorisation process (however described) in relation to the use of the regulated restrictive practice; 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 in relation to the use of the regulated restrictive practice.

 (3) The person or entity must notify the Commissioner of the regulated restrictive practice used by the person or entity:

            (a) in the form approved by the Commissioner; and
            (b) within 1 month after the start of the transition time, or such longer period as the Commissioner allows.

 (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) within 3 months after the transition time—the person or entity must take all reasonable steps to facilitate the development of an interim behaviour support plan for the person with disability that meets the requirements of Division 2 of Part 3;
            (c) within 6 months after the transition time—the person or entity must take all reasonable steps to facilitate the development of a comprehensive behaviour support plan for the person with disability that meets the requirements of Division 2 of Part 3.
 (5) The registration of the registered NDIS provider is also subject to the condition that the provider agrees to demonstrate compliance with paragraph (4)(b) or (c) if required to do so by the Commissioner.
  Note 3: Part 7.4 of the Criminal Code provides offences in relation to false or misleading statements, information and documents.