DISABILITY SERVICES ACT 2006 - SECT 143 Explanation of operation of pt 6

DISABILITY SERVICES ACT 2006 - SECT 143

143 Explanation of operation of pt 6

(1) This part states the circumstances in which a relevant service provider is authorised under this part to use a restrictive practice in relation to an adult with an intellectual or cognitive disability.

(2) Subsections (3) and (4) explain generally the circumstances in which a relevant service provider may be authorised under this part to use a restrictive practice in relation to an adult with an intellectual or cognitive disability.

(3) Use of the restrictive practice may be authorised if the following are satisfied—

(a) for containment or seclusion, or an associated restrictive practice—

(i) a positive behaviour support plan is prepared for the adult by the chief executive; and

(ii) use of the restrictive practice is approved by the tribunal;

(b) for any other restrictive practice—

(i) a positive behaviour support plan is prepared for the adult by the relevant service provider; and

(ii) use of the restrictive practice is consented to by a guardian for a restrictive practice (general) matter for the adult or, in some cases, an informal decision-maker for the adult;

(c) for all restrictive practices, use of the restrictive practice—

(i) is necessary to prevent the adult’s behaviour causing harm to the adult or others; and

(ii) is the least restrictive way of ensuring the safety of the adult or others; and

(iii) complies with the positive behaviour support plan for the adult.

Note—

Some other requirements must also be complied with for the relevant service provider to be authorised to use the restrictive practice. See section 151 (for containment or seclusion) or 166 (for use of other restrictive practices).

(4) Also, use of a restrictive practice may be authorised if—

(a) the restrictive practice is used in the course of providing respite services or community access services to the adult; or

(b) there is an immediate and serious risk of harm to the adult or others.

Note—

See—

†¢ sections 152 , 167 and 168 for use of restrictive practices in the course of providing respite services or community access services

†¢ sections 153 and 170 for use of restrictive practices if there is an immediate and serious risk of harm to the adult or others.

(5) In this section—


"associated restrictive practice" means a restrictive practice other than containment or seclusion, relating to the adult who is the subject of a containment or seclusion approval.