VCAT Can Order Treatment for Violent Behaviour and Fine Disability Providers Who Use Unallowed Restrictive Practices
Disability and Social Services Regulation Amendment Bill 2023
Legislative Assembly
Legislative Council
Assent
Topics
compulsory treatment disability care disability services human rights mental health NDIS providers patient rights public health restrictive practices
Introduced by: The Hon Ros Spence MP (ALP); The Hon Lizzie Blandthorn MLC (ALP)
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
Disability service providers and registered NDIS providers must appoint an Authorised Program Officer if they plan to use compulsory treatment or restrictive practices.
Disability service providers and registered NDIS providers can be fined 240 penalty units (2026: $50,184) for using compulsory treatment or restrictive practices if their Authorised Program Officer is not approved by the Senior Practitioner.
Registered NDIS providers can be fined 240 penalty units (2026: $50,184) for detaining a person with an intellectual disability unless it is allowed under the law.
Disability service providers and registered NDIS providers can be fined 240 penalty units (2026: $50,184) for using a regulated restrictive practice unless it is approved or used in an emergency.
Disability service providers can enter a resident's room without notice if they suspect the resident has broken a court order, a residency order, or a direction to live at the service.
Providers face fines for failing to record community visitor visits to approved premises.
Providers must notify the Community Visitors Board within 72 hours of a resident's request for a visit.
VCAT can order a person to undergo supervised treatment if they have a pattern of violent or dangerous behaviour and detention is the only way to keep people safe.
Authorised Program Officers must make sure an independent person is available to explain the use of a regulated restrictive practice and how to seek a review.