Page 3597 - Week 11 - Tuesday, 22 November 2022
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Secondly, the bill contains an amendment to allow regulations made under the act to create offences and fix penalties. While the act currently allows for the making of regulations by the minister, this amendment will strengthen the authority of these regulations by increasing the sanctions the senior practitioner is able to bring to bear to enforce them.
The capacity to create offences and fix penalties may be used to convey the seriousness and unacceptable nature of certain practices or actions. These practices or actions may include those which are deemed to pose too great a risk to a person’s life, safety or wellbeing. Maintaining currency with changes to contemporary practice is supported by the ability to more easily and quickly amend subordinate legislation such as regulations, and this in turn enhances our ability to safeguard people subject to restrictive practices.
It is difficult to have a complete list of practices that should be offences. An example is practices like “prone restraint” that have been used in the past to respond to behaviours of concern by individuals that are known to have led to severe impacts on people, including death. Prone restraint that was used in some settings in the past, but is now prohibited in many jurisdictions, involves having two adults pin a child to the ground facedown, with one adult holding down their legs while another holds down their arms. There are cases where a child has suffocated and died as a result of this practice in other jurisdictions.
To provide the best protection to those most at risk in our community, it is important that the senior practitioner is able to assess the risk in a particular practice, and, if it is unacceptable, act to prohibit that practice while continuing their ongoing work to educate the community about better ways to support positive behaviour management.
As noted in the explanatory statement, seeking to enable the creation of regulations which include offences and fix penalties is specifically intended to discourage actions and practices that are deemed a serious risk to vulnerable persons. The Community Services Directorate are beginning consultation about the development of a list of prohibited practices, and that is broadly informed by the NDIS Quality and Safeguards Commission’s practices which are proposed to be prohibited. Consultation will seek stakeholder views on whether these practices should be included in the regulations, and whether offences and penalties should apply. As subordinate legislation, a regulation would still be presented in the Assembly for consideration and scrutiny committee review.
Through removing coercion, clarifying that it is not a restrictive practice and increasing the authority of regulations, the Senior Practitioner Amendment Bill promotes the rights to protection from torture and cruel, inhuman or degrading treatment, and the protection of families and children. The bill supports the government’s commitment to improving the lives of all people who are vulnerable and potentially subject to restrictive practices.
I thank the community and our sector partners for their participation in consultations. I commend the bill to the Assembly.
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