Page 2624 - Week 07 - Thursday, 2 August 2018
including the Bimberi Youth Justice Centre. This is due to existing oversight arrangements specific to those settings which already provide established legislative oversight and regulation.
Other services such as health and hospitals are neither explicitly included nor excluded in the bill. These services will not be subject to oversight by the senior practitioner. However, the definition of provider may be expanded by regulation made under section 8(1)(a)(iv) of the bill. This would only be done in close consultation with key sector and community stakeholders, and allows for a further rollout once the senior practitioner is established and operational.
This bill has been developed following extensive consultation with the ACT community and key government and sector stakeholders. The community has welcomed the educative role of the senior practitioner.
A key aspect of the senior practitioner’s role as set out in the bill will be to work alongside the ACT community to provide education and improve awareness of restrictive practices; to produce and disseminate policies, standards and guidelines; to guide decision-making and promote best practice; and to build sector capacity for more positive behaviour supports.
These objectives will be supported by the collection and reporting of key data on the use of restrictive practices over time. The bill empowers the senior practitioner to receive complaints and conduct investigations either in response to a complaint or on their own initiative where restrictive practices are concerned. If the senior practitioner finds that a restrictive practice is being used inappropriately the senior practitioner must give the provider a direction to stop the practice.
As a result of feedback on the draft bill following consultation, including with Ms Lee, as she noted, I will be proposing amendments in the detail stage to section 31(5) of the bill to provide that the senior practitioner must not disclose a particular detail of a complaint if doing so may have an adverse effect on the relevant person for a complaint. This will extend the protection of nondisclosure to the person who may be subject to a restrictive practice where they are not the complainant.
A relevant person for a complaint is defined at new clause 31(6) to protect the interests of persons subjected to a restrictive practice that is being raised as a complaint to the senior practitioner by a third party.
I will also propose that item 5, column 4 of schedule 1 be amended to provide that a person who is the subject of a positive behaviour support plan may apply to ACAT for review of the senior practitioner’s decision to cancel registration of that plan.
A priority for the senior practitioner will be to build strong working relationships with other key oversight agencies with the aim of leveraging and enhancing existing safeguarding arrangements and to best meet the needs of people who may be vulnerable to restrictive practices. Any restraints or seclusions identified that fall outside the senior practitioner’s role will be reported to the relevant authority.