DISABILITY SERVICES ACT 2006 - SECT 158 Development of positive behaviour support plan following assessment

DISABILITY SERVICES ACT 2006 - SECT 158

158 Development of positive behaviour support plan following assessment

(1) This section applies if a multidisciplinary assessment of the adult is conducted.

(2) The chief executive must develop a positive behaviour support plan for the adult if, having regard to the findings, theories and recommendations of the persons who assessed the adult, the chief executive is satisfied—

(a) the adult’s behaviour has previously resulted in harm to the adult or others; and

(b) it is necessary for the relevant service provider to contain or seclude the adult to safeguard the adult or others from harm; and

(c) containing or secluding the adult is the least restrictive way of ensuring the safety of the adult or others.

(3) The positive behaviour support plan must provide for the use of any restrictive practice, including chemical, mechanical or physical restraint or restricting access, that is—

(a) when the plan is developed, proposed to be used in relation to the adult by any relevant service provider; and

(b) based on the recommendations of the persons who assessed the adult.

(4) In developing the positive behaviour support plan, the chief executive must—

(a) have regard to a model positive behaviour support plan; and

(b) consult with, and consider the views of, each entity that was consulted under section 156 (3) .

(5) If the positive behaviour support plan provides for the use of chemical restraint, the chief executive must—

(a) consult the adult’s treating doctor; and

(b) inform the adult’s treating doctor about—

(i) the findings and theories of the persons who conducted the multidisciplinary assessment about the adult’s behaviour that causes harm to the adult or others, including the factors contributing to the behaviour; and

(ii) the strategies, including other restrictive practices, proposed to be used for—

(A) meeting the adult’s needs and improving the adult’s capabilities and quality of life; and

(B) reducing the intensity, frequency and duration of the adult’s behaviour that causes harm to the adult or others.

(6) If the chief executive is not required to develop a positive behaviour support plan for the adult under subsection (2) , the chief executive must give the following entities a decision notice about the decision not to develop the plan—

(a) the relevant service provider;

(b) the adult;

(c) a guardian or informal decision-maker for the adult who was consulted under section 156 (3) .