DISABILITY SERVICES ACT 2006 - SECT 152
Containing or secluding an adult for respite services or community access services
DISABILITY SERVICES ACT 2006 - SECT 152
Containing or secluding an adult for respite services or community access services
152 Containing or secluding an adult for respite services or community access
services
(1) A relevant service provider may contain or seclude an adult with an
intellectual or cognitive disability in the course of providing respite
services or community access services to the adult if—
(a) the containment
or seclusion is necessary to prevent the adult’s behaviour causing harm to
the adult or others; and
(b) the containment or seclusion is the least
restrictive way of ensuring the safety of the adult or others; and
(c) before
containing or secluding the adult, the relevant service provider complies with
the requirements under division 5 ; and
(d) the containment or seclusion
complies with—
(i) the consent of a guardian for a restrictive practice
(respite) matter for the adult; and
(ii) a respite/community access plan for
the adult; and
(2) For subsection (1) (d) (ii) , the adult is taken not to be contained or
secluded in compliance with the respite/community access plan if the relevant
service provider does not implement the positive strategies stated in the
plan.
(3) This section does not apply if the adult is the subject of a
containment or seclusion approval.