Legislative & policy requirements
The Disability Act 2006 defines the role of Authorised Program Officers (APOs) under Section 201C.
While an APO must be familiar the legal definition of their role under the Act, a plainer-language definition can also be helpful in explaining the APO’s legal role to others, such as staff, family members and important the person with disability.
Plain(er)-language definition
An APO is a person who checks to see if a Behaviour Support Plan is okay to use.
The APO must check if the plan includes everything the law says should be in the plan. They must check that there is nothing in the plan that is against the law.
The APO must check that the plan:
- the plan will keep people safe.
- respects the person with disability’s human rights and dignity.
- will make the person with disability's life better.
APOs must make sure that any restrictive practice(s) proposed in behaviour support is used legally, under:
- the Disability Act 2006, and
- the person’s treatment plan; and (in cases where the person is an NDIS participant)
- the NDIS Act 2013 and any related NDIS guidelines, rules or regulations.
APOs assist the Victorian Senior Practitioner in safeguarding the rights and dignity of people with disability in terms of the use of restrictive practice(s).
To appoint an APO, a disability services provider or a registered NDIS provider must apply to the Victorian Senior Practitioner to approve the proposed APO.
The Victorian Senior Practitioner may refuse or revoke approval of any appointed APO if appropriate.
Find out more through the Victorian Senior Practitioner’s e-Learning module, Legislative requirements for authorisation of restrictive practices.
Easy English words
An APO may need to explain the APO role using very simplified language. Often the language needs to be tailored to the individual person.
The following words and phrases aim to provide some ideas. The words will need to be adapted depending upon the person with disability's comprehension skills and communication style.
An Authorised Program Officer (APO) is a person who supports people with disability who have a Behaviour Support Plan.
A Behaviour Support Plan says how to keep someone safe, to help them learn and help them be happy.
The APO reads the plan to make sure it is OK to use.
The APO checks the plan:
- will keep the person safe, and
- will help the person learn new things.
If the plan says someone should be stopped from doing something, the APO makes sure this is done carefully and kindly.
The APO thinks about how the plan could be made even better.
The APO’s job is to help keep people safe and treated kindly.
Access Easy Read documents about:
- positive behaviour support and behaviour support plans (opens PDF doc), and
- regulated restrictive practices (opens PDF doc).
Other legislation
An Authorised Program Officer also needs to stay up to date on other current legislation, as well as any changes to the regulatory landscape.
Key areas include:
- Section 6 of the Disability Act (2006) defines a person with intellectual disability and – importantly – their rights.
- Restrictive practice prohibitions under Section 27 (5B) Victorian Senior Practitioner Direction, 2024
- Changes to quality and safeguards arrangements in Victoria from 1 July 2019 (downloads Word doc)
- Authorisation process for the use of regulated restrictive practices by registered NDIS providers, September 2019 (downloads Word doc)
- National Disability Insurance Scheme Act (2013)
- National Disability Insurance Scheme (Code of Conduct) Rules (2018)
- National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules (2018)
- National Disability Insurance Scheme (Quality Indicators for NDIS Practice Standards) Guidelines (2018)
- National Disability Insurance Scheme (Restrictive Practices and Behaviour Support) Rules (2018)
- Disability Act 2006 – Section 24 Functions of the Senior Practitioner
- Disability Act 2006 – Section 139 Review of behaviour support plan—disability service providers
- Disability Act 2006 – see Part 6A – Appointment of Authorised Program Officers
- Disability Act 2006 – see Part 7 – Use of restrictive practices
- Disability Act 2006 – Section 153 Authorised Program Officer must prepare treatment plan
- Disability Act 2006 – Section 201C Authorised Program Officers
Supervised treatment orders:
- Disability Act 2006 – Section 186 Authorised Program Officers
- Disability Act 2006 – Section 190 Authorised Program Officer must give treatment plan to person
- Disability Act 2006 – Section 192 Authorised Program Officer may request interim supervised treatment order
- Disability Act 2006 – Section 194A Responsibilities of Authorised Program Officers for primary service providers
- Disability Act 2006 – Section 194C Authorised Program Officer responsible for implementing treatment plan.