Disability Amendment Act 2012 – fact sheet
number four for disability service providers
Restrictive interventions
Background
The Disability Amendment Act 2012 (the Amendment Act) comes into operation on 1 July 2012. The
Amendment Act makes technical and administrative amendments to the Disability Act 2006 (the Disability Act).
The amendments do not change the policy intent of the Disability Act.
The Amendment Act includes changes to the provisions relating to restrictive interventions. This fact sheet gives
disability service providers the information they need to understand the new requirements for restrictive
interventions.
Restrictive interventions mean any intervention that is used to restrict the rights or freedom of movement of a
person with a disability, including chemical restraint, mechanical restraint and seclusion. A disability service
provider requires the approval of the Secretary, Department of Human Services, to use restrictive interventions.
What do disability service providers who are approved to use restrictive interventions
need to do from 1 July 2012?
Use of restraint and seclusion
The use of restraint and seclusion must cease at the shorter of:

the end of the period authorised by the Authorised Program Officer, or

as soon as restraint or seclusion is no longer required.
Independent person – review of behaviour support plans
An independent person is only required to be involved in the review of a behaviour support plan annually and
whenever there is an increase in the use of restraint or seclusion on the person.
This amendment reduces the administrative burden for both the independent person and disability service
providers (previously an independent person was required for all reviews, including where there were
improvements and reductions in restraint and seclusion).
What other changes are there relating to restrictive interventions?
Independent person – determining compliance
A component of the independent person’s role is to report non-compliance with the Disability Act. The
Amendment Act provides for the independent person to report only on restrictive intervention requirements
where they are in a position to assess compliance.
Independent person – reporting non-compliance
An independent person may notify the Public Advocate or the Senior Practitioner if they believe there are
instances of non-compliance with the restrictive intervention requirements of the Act.
Behaviour support plans and treatment plans
For people subject to compulsory treatment, there is no longer a requirement to develop a behaviour support
plan as restrictive interventions are incorporated in the person’s treatment plan.
Behaviour support plan
The Amendment Act adopts the term behaviour support plan, instead of behaviour management plan. This
reflects current practice.
For more information about restrictive interventions
The Office of the Senior Practitioner, Department of Human Services
Email: seniorpractitioner@dhs.vic.gov.au
Phone: (03) 9096 8427
Website: http://www.dhs.vic.gov.au/for-individuals/your-rights/offices-protecting-rights/office-of-the-seniorpractitioner
For more information about the Amendment Act or
to receive this document in an alternative format contact
Disability Services Division, Department of Human Services
Email: disability.legislation@dhs.vic.gov.au
Telephone: 1300 366 731 (9am to 5pm, Monday to Friday)
TTY users: phone 13 36 77, then ask for 1300 366 731
Website: http://www.dhs.vic.gov.au/for-service-providers/disability/protecting-rights