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.
Plain(er)-language definition
An Authorised Program Officer (APO) is a person employed to review and authorise regulated restrictive practice(s) proposed as part of behaviour support plans for people with disability who are under the care of either a disability service provider or a registered NDIS provider in Victoria.
APOs must ensure that any restrictive practice(s) proposed in behaviour support is used legally, under:
- the relevant part of 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 associated 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 service provider or a registered NDIS provider must apply to the Victorian Senior Practitioner for approval of 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 Easy English. The following is some language that can help, if needed.
An Authorised Program Officer (APO) is a person who supports people with disability.
APOs look at restrictive practices used in behaviour support plans.
APOs make sure your:
- behaviour support plan helps you,
- plan is safe (for you and other people), and
- plan can be followed well.
An APO’s job is to:
- check your plan,
- keep you and other people safe,
- check your rights are followed,
- check laws are followed, and
- help stop restrictions over time.
An APO makes sure your plan helps you give a good life.
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.
More information, references & referring on