Changes to Restrictive Intervention Applications

On 1 July 2025, a new Act will come into force called the Disability Rights, Inclusion and Safeguarding Act 2024.  Previously, under the Disability Services Act 2011, a disability service provider could make an application for approval to use restrictive interventions for a person with disability. The application was made to TASCAT with a recommendation from the Office of the Senior Practitioner.  On 1 July 2025 this will no longer be the case. Any orders made by the Tribunal approving the use of restrictive interventions prior to 1 July 2025 remain valid.

The new Disability Rights, Inclusion and Safeguarding Act 2024 will transfer the jurisdiction of obtaining approval for restrictive practices for people who receive disability services from TASCAT to the Office of the Senior Practitioner.  Any existing applications that are with the Tribunal that have not been determined, will be sent to the Office of the Senior Practitioner to be determined in accordance with the transition provisions of the new Act.  Parties will be notified of that transfer.

You can contact the Office of the Senior Practitioner to get more information about the new processes with their office.

A new right of review has been created under this Act that allows a person who is aggrieved by the outcome of an internal review of the Senior Practitioner, to make an application to TASCAT.   On 1 July 2025, content will be provided on the Tribunal website about the new right of review under the new Community, Children and Families Stream.

There are no changes however in relation to the Tribunal’s jurisdiction to appoint a guardian to approve the use of restrictive practices in settings not covered by the Disability Rights, Inclusion and Safeguarding Act 2024, such as in Aged Care.