Senior Practitioner Regulation 2023 (ACT)

Senior Practitioner Regulation 2023

Subordinate Law SL2023-41

The Australian Capital Territory Executive makes the following regulation under the Senior Practitioner Act 2018.

Dated 15 December 2023.

ANDREW BARR

Chief Minister

RACHEL STEPHEN-SMITH

Minister

Senior Practitioner Regulation 2023

Subordinate Law SL2023-41

made under the

Senior Practitioner Act 2018

Contents

Page

1            Name of regulation  1

2            Commencement  1

3            Prohibited restrictive practices not to be used—Act, s 10 (b) (ii) (A)         1

Schedule 1 Prohibited restrictive practices  2

Part 1.1    Physical restraints  2

Part 1.2    Punitive approaches  3

1. Name of regulation

   This regulation is the Senior Practitioner Regulation 2023.

2. Commencement

   This regulation commences on the day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Prohibited restrictive practices not to be used—Act, s 10 (b) (ii) (A)

   (1)The kinds of restrictive practices that may be used do not include prohibited restrictive practices.

   (2)In this section:

   prohibited restrictive practice means—

   (a)a physical restraint mentioned in schedule 1, part 1.1; or

   (b)a restrictive practice mentioned in schedule 1, part 1.2 (a punitive approach).

Schedule 1Prohibited restrictive practices

(see s 3 (2))

Part 1.1Physical restraints

column 1 item	column 2 description of restraint	column 3 short description
1	subdue a person by forcing them into a face-down position	prone restraint
2	subdue a person by forcing them into a face-up position	supine restraint
3	subdue a person by holding down their limbs or any part of their body	pin down
4	subdue a person by wrapping arms around their upper or lower body	basket hold
5	subdue a person by forcing them to free-fall to the floor or fall to the floor with support	takedown technique
6	physically restrain a person for the purpose of, or that has the effect of, restraining or inhibiting a person’s respiratory or digestive functioning
7	physically restrain a person for the purpose of, or that has the effect of, pushing the person’s head forward onto their chest
8	physically restrain a person for the purpose of, or that has the effect of, compelling a person’s compliance through the infliction of pain, hyperextension of joints, or by applying pressure to the chest or joints

Part 1.2Punitive approaches

column 1 item	column 2 description of approach	column 3 short description
1	use a practice that a person experiences as noxious or unpleasant and potentially painful, for example, give the person an unwanted cold bath, put chilli powder on their food or squirt liquid in their face	aversive practice
2	require a person to respond disproportionately to an event, beyond that which may be necessary to restore a situation to its original condition, for example, make a person clean the whole dining room floor for spilling a drink	overcorrection
3	withhold supports or basic needs, for example, deny a person access to toilet paper or period products, withhold food or drink or deprive them of sleep	denial of key needs
4	degrade or vilify a person
5	limit or deny access to a person’s culture, for example, limit opportunity to participate with a person’s community or access artworks or reading material important for developing or maintaining their cultural heritage
6	punish a person by requiring them to give up a positive item or activity because of their behaviour	response cost
7	engage in verbal or gestural conduct of a coercive nature to compel someone to do something they do not want to do
8	use a spithood
9	use a restraint chair

Endnotes

1. Notification

   Notified under the Legislation Act on 21 December 2023.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2023