(1) Before a restrictive practice can be used in relation to an adult with an
intellectual or cognitive disability, the adult must be assessed.
(2)
However, an assessment is not required if the restrictive practice is used—
(a) under a short term approval; or
(b) in the course of providing respite
services or community access services to the adult.
Note—
Although an
assessment is not required for using restrictive practices in the course of
providing respite services or community access services, relevant
service providers must comply with division 5 .
(3) For this part, an
"assessment" of an adult with an intellectual or cognitive disability is an
assessment by 1 or more persons, as provided for under subsections (4) to (6)
, for the following purposes—
(a) making findings about the nature,
intensity, frequency and duration of the behaviour of the adult that causes
harm to the adult or others;
(b) developing theories about the factors that
contribute to the adult’s behaviour mentioned in paragraph (a) ;
Examples of
factors that might contribute to the behaviour—
• biological factors,
such as genetic predispositions
• psychological or cognitive factors, such
as low communication skills
• social factors, such as the adult’s
surroundings
• medical conditions
(c) making recommendations about
appropriate strategies for—
(i) meeting the adult’s needs and improving
the adult’s capabilities and quality of life; and
(ii) reducing the
intensity, frequency and duration of the adult’s behaviour that causes harm
to the adult or others; and
(iii) managing the adult’s behaviour that
causes harm to the adult or others to minimise the risk of harm.
(4) For
containing or secluding an adult under section 151, the adult must be
assessed by 2 or more appropriately qualified persons who have qualifications
or experience in different disciplines (a
"multidisciplinary assessment" ).
(5) For using chemical, mechanical or
physical restraint under section 166on an adult, the adult must be assessed
by at least 1 appropriately qualified person.
(6) For restricting access of
an adult under section 166, the adult must be assessed by the relevant
service provider proposing to restrict the adult’s access.
