Applications for use of Restrictive Interventions
Under the new Disability Services Act 2011 (the Act) the role of the Disability Services Ethics Committee has been taken over by the new position 'Senior Practitioner'. The position of the Senior Practitioner is appointed by the Secretary of the Department of Health and Human Services.
Functions and Powers of the Senior Practitioner
The role of the Senior Practitioner is to advise the Secretary about the provision of specialist disability services and how services can be improved.
The Senior Practitioner must provide an Annual Report to the Secretary which will include information about any restrictive interventions that have been approved.
The Senior Practitioner may delegate their functions and powers to other government employees to help them if needed.
They may also ask for any reasonable assistance from a disability services provider, an employee of the provider or a funded private person.
The Act allows for financial penalties against any disability service providers or private funded people who do not give reasonable assistance or "full and true answers" to questions asked by the Senior Practitioner.
(For all details of Restrictive Interventions please see the separate Fact Sheet – Regulation of Restrictive Interventions)
The role of the Senior Practitioner in relation to restrictive interventions is to:
- develop guidelines and standards
- provide education and information
- provide information as to the rights of people with disability
- provide advice to the Secretary, the Guardianship and Administration Board, disability service providers and funded private people to improve practices
- do research, observe and evaluate.
Powers to Investigate
The Senior Practitioner is able to visit any property of a funded service provider if there are concerns about the care and safety of the person with disability living at the property.
The Senior Practitioner is able to:
- speak to a person who has a restrictive intervention
- look at how the restrictive intervention is being used by the service provider or funded private person
- look at why the restrictive intervention is being used by the service provider or funded private person.
The Senior Practitioner can make copies of any documents and talk to any anyone involved in the use of a restrictive intervention.
The Senior Practitioner will report to the Secretary and provide recommendations.
The Senior Practitioner will also recommend to the Secretary the future plan to stop or reduce a restrictive practice or suggest other ways to support the person without the need to use restrictive practices.
The Act allows for financial penalties to be applied to any funded service providers or funded private persons who do not follow the directions given by the Secretary about restrictive practices.
Further information can be obtained by emailing email@example.com
Approvals to Carry Out Restrictive Interventions can also be emailed to firstname.lastname@example.org