DISABILITY SERVICES ACT 2006 - SECT 144 Definitions for part
DISABILITY SERVICES ACT 2006 - SECT 144
Definitions for part144 Definitions for part
In this part—
"adult with an intellectual or cognitive disability" means an adult with a
disability who has a condition attributable to an intellectual or cognitive
impairment, or a combination of the impairments.
"appropriately qualified" see section 149 .
"assessment" see section 148 (3) .
"authorised psychiatrist" see the Mental Health Act 2016 , schedule 3 .
"chemical restraint" see section 145 .
"chemical restraint (fixed dose)" means chemical restraint using medication
that is administered at fixed intervals and times.
"chief psychiatrist" see the Mental Health Act 2016 , schedule 3 .
"community access services" means disability services or
NDIS supports or services that are—
(a) community access services provided to an adult with an intellectual or cognitive disability who does not receive disability services or NDIS supports or services other than respite services or community access services from a relevant service provider; and
(b) funded as community access services by the department or the Commonwealth, including under the National Disability Insurance Scheme Act 2013 (Cwlth) .
"contain" see section 146 .
"containment or seclusion approval" means approval given by the tribunal under the GAA, chapter 5B , part 2 for a relevant service provider to contain or seclude, or use another restrictive practice in relation to, an adult with an intellectual or cognitive disability.
"decision notice" , for a decision of the chief executive, means a notice stating the following—
(a) the decision and the reasons for it;
(b) that the entity to which the notice is given may apply for review of the decision under section 187 within 28 days after the entity receives the notice;
(c) how to apply for review of the decision.
"director of mental health" ...
"GAA" means the Guardianship and Administration Act 2000 .
"guardian for a restrictive practice (general) matter" , for an adult with an intellectual or cognitive disability, means a guardian for a restrictive practice (general) matter appointed for the adult under the GAA, chapter 5B .
"guardian for a restrictive practice matter" , for an adult with an intellectual or cognitive disability, means a guardian for a restrictive practice (general) matter, or a guardian for a restrictive practice (respite) matter, for the adult.
"guardian for a restrictive practice (respite) matter" , for an adult with an intellectual or cognitive disability, means a guardian for a restrictive practice (respite) matter appointed for the adult under the GAA, chapter 5B .
"guardianship tribunal" ...
"harm" to a person means—
(a) physical harm to the person; or
(b) a serious risk of physical harm to the person; or
(c) damage to property involving a serious risk of physical harm to the person.
"informal decision-maker" , for an adult with an intellectual or cognitive disability, means a member of the adult’s support network, other than a paid carer for the adult within the meaning of the GAA.
"keep and implement" ...
"least restrictive" , for use of a restrictive practice in relation to an adult with an intellectual or cognitive disability, means use of the restrictive practice—
(a) ensures the safety of the adult or others; and
(b) having regard to paragraph (a) , imposes the minimum limits on the freedom of the adult as is practicable in the circumstances.
"mechanical restraint" see section 147 .
"model positive behaviour support plan" means a plan of that name prepared by the chief executive and published on the department’s website.
"multidisciplinary assessment" see section 148 (4) .
"physical restraint" , of an adult with an intellectual or cognitive disability, means the use, for the primary purpose of controlling the adult’s behaviour, of any part of another person’s body to restrict the free movement of the adult in response to the adult’s behaviour that causes harm to the adult or others.
Note—Harm to a person includes physical harm to the person and a serious risk of physical harm to the person. See section 144 , definition harm .
"positive behaviour support plan" see section 150 .
"relevant decision-maker (respite)" , for an adult with an intellectual or cognitive disability, means—
(a) a guardian for a restrictive practice (respite) matter for the adult; or
(b) for a restrictive practice other than chemical restraint used under section 167 , if there is no guardian for a restrictive practice (respite) matter for the adult—an informal decision-maker for the adult.
"respite/community access plan" see section 181 (2) .
"respite services" means disability services or NDIS supports or services that are—
(a) respite services provided to an adult with an intellectual or cognitive disability who does not receive disability services or NDIS supports or services other than respite services or community access services from a relevant service provider; and
(b) funded as respite services by the department or the Commonwealth, including under the National Disability Insurance Scheme Act 2013 (Cwlth) .
"restricting access" , of an adult with an intellectual or cognitive disability, means restricting the adult’s access, at a place where the adult receives disability services or NDIS supports or services, to an object in response to the adult’s behaviour that causes harm to the adult or others to prevent the adult using the object to cause harm to the adult or others.
Examples—• if an adult has a history of using knives to cause harm to others, locking a drawer in which knives are kept to prevent the adult using the knives to cause harm• if an adult has Prader-Willi syndrome, restricting the adult’s access to a particular cupboard or particular parts of the fridge to prevent the adult eating in a way that is likely to harm the adult
Note—Harm to a person includes physical harm to the person and a serious risk of physical harm to the person. See section 144 , definition harm .
"restrictive practice" means any of the following practices used to respond to the behaviour of an adult with an intellectual or cognitive disability that causes harm to the adult or others—
(a) containing or secluding the adult;
(b) using chemical, mechanical or physical restraint on the adult;
(c) restricting access of the adult.
Note—Harm to a person includes physical harm to the person and a serious risk of physical harm to the person. See section 144 , definition harm .
"seclude" an adult with an intellectual or cognitive disability means physically confine the adult alone, at any time of the day or night, in a room or area from which free exit is prevented in response to the adult’s behaviour that causes harm to the adult or others.
Note—Harm to a person includes physical harm to the person and a serious risk of physical harm to the person. See section 144 , definition harm .
"short term approval" means an approval given by—
(a) the public guardian under the GAA, chapter 5B , part 4 ; or
(b) the chief executive under section 178 .
"short term plan" ...
"support network" ...