Page 2033 - Week 06 - Tuesday, 4 June 2019
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I thank the stakeholders who assisted in refining this section of the bill and I also record my thanks to the scrutiny committee for considering this amendment and apologise that it was not provided more than 14 days before the beginning of the sitting week. I note Mrs Jones’s comments in that regard and we will try harder in future to abide by this.
To allow for the use of emergency restrictive practice the bill removes the offence if a restrictive practice is used to prevent harm. The bill also removes the onus on a person using the restrictive practice to prove it was to prevent harm. Amendments to the offence also remove the penalty of six months imprisonment. The removal of this penalty was made primarily in response to stakeholder concerns, firstly, that the possibility of imprisonment may prohibit open disclosure and collaboration with the senior practitioner, and secondly, that making individual workers potentially subject to harsh penalties could make it more difficult to attract and retain workers.
Importantly, while the penalty of six months imprisonment has been removed, financial penalties up to a maximum of 50 penalty points will remain. This penalty is for a provider or relevant person who uses a restrictive practice other than in accordance with the act or fails to comply with a direction from the senior practitioner.
The amendment to remove the penalty of imprisonment along with providing for the reporting of emergency restrictive practices is made with the intention of supporting the senior practitioner to work openly and collaboratively with stakeholders and providers. Ms Donley must have sight of the whole picture to work with providers to shape the culture focused on individual and positive supports. The offences are an important tool but they do not replace a strength-based approach to culture change, to education and to capacity building to reduce reliance on restrictive practices.
Finally, the bill provides an amendment to extend the date of commencement for offences under the act by one year to 1 July 2020, as others have mentioned. This amendment will allow the senior practitioner more time to work with affected parties and to ensure that education and system supports are in place to support a successful transition. I commend the bill to the Assembly, and I will be moving an amendment, as previously noted.
Question resolved in the affirmative.
Bill agreed to in principle.
Detail stage
Bill, by leave, taken as a whole.
MS STEPHEN-SMITH (Kurrajong—Minister for Aboriginal and Torres Strait Islander Affairs, Minister for Disability, Minister for Children, Youth and Families, Minister for Employment and Workplace Safety, Minister for Government Services and Procurement, Minister for Urban Renewal) (11.23): I move amendment No 1 circulated in my name and table a supplementary explanatory statement to the
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