Document ID: chunk:federal_register_of_legislation:F2020C01087:reg:21
Version: federal_register_of_legislation:F2020C01087
Segment Type: reg
Provision Reference: reg 21
Character Range: 27980–29935

21  Contents of behaviour support plan containing a regulated restrictive practice
 (1) This section applies if a specialist behaviour support provider develops or reviews a behaviour support plan for a person with disability that contains the use of a regulated restrictive practice.
 (2) The registration of the specialist behaviour support provider is subject to the condition that the plan must include strategies that are evidence‑based, person‑centred and proactive and that address the person with disability's needs and the functions of the behaviour.
  (3) The registration of the specialist behaviour support provider is also subject to the condition that the regulated restrictive practice must:
 (a)  be clearly identified in the behaviour support plan; and
 (b) if the State or Territory in which the regulated restrictive practice is to be used has an authorisation process (however described) in relation to that practice—be authorised in accordance with that process; and
 (c)  be used only as a last resort in response to risk of harm to the person with disability or others, and after the provider has explored and applied evidence‑based, person‑centred and proactive strategies; and
 (d) be the least restrictive response possible in the circumstances to ensure the safety of the person or others; and
 (e) reduce the risk of harm to the person with disability or others; and
 (f) be in proportion to the potential negative consequence or risk of harm; and
 (g) be used for the shortest possible time to ensure the safety of the person with disability or others.
 (4) The registration of the specialist behaviour support provider is also subject to the condition that the person with disability to whom the behaviour support plan applies must be given opportunities to participate in community activities and develop new skills that have the potential to reduce or eliminate the need for regulated restrictive practices in the future.