Document ID: chunk:federal_register_of_legislation:F2020C01087:reg:9
Version: federal_register_of_legislation:F2020C01087
Segment Type: reg
Provision Reference: reg 9
Character Range: 12403–13570

9  Use of a regulated restrictive practice in a State or Territory with an authorisation process
 (1) This section applies if:
 (a) a State or Territory has an authorisation process (however described) in relation to the use of a regulated restrictive practice; and
 (b) a registered NDIS provider provides supports or services to a person with disability in the State or Territory.
Note: An authorisation process may, for example, be a process under relevant State or Territory legislation or policy or involve obtaining informed consent from a person and/or their guardian, approval from a guardianship board or administrative tribunal or approval from an authorised State or Territory officer.
 (2) The registration of the registered NDIS provider is subject to the following conditions:
 (a) the use (other than a single emergency use) of the regulated restrictive practice in relation to the person with disability must be authorised in accordance with the authorisation process;
 (b) the provider must lodge with the Commissioner evidence that the use is so authorised as soon as reasonably practicable after the use of the practice in relation to the person.