DISABILITY SERVICES ACT 2006 - SECT 164 Action of chief executive after deciding whether change should be made

DISABILITY SERVICES ACT 2006 - SECT 164

164 Action of chief executive after deciding whether change should be made

(1) If the chief executive decides a change to the adult’s positive behaviour support plan should be made, the chief executive must decide whether the change requires a GAA application to be made.

(2) The change requires the making of a GAA application if it—

(a) is inconsistent with the terms of an existing containment or seclusion approval; or

Examples—

• The existing containment or seclusion approval approves seclusion for periods of not more than 15 minutes. The change is to increase the maximum period to 30 minutes.

• The existing containment or seclusion approval applies to relevant service provider A. The change is for relevant service provider B to use a restrictive practice in relation to the adult.

• The existing containment or seclusion approval is for seclusion. The change is for the additional use of mechanical restraint.

(b) is requested because an existing containment or seclusion approval is about to expire and the relevant service provider proposes to apply for a further approval.

(3) If the change does not require the making of a GAA application, the chief executive must make the change and give a copy of the amended plan to the following—

(a) the tribunal;

(b) the adult;

(c) if the adult has a guardian or informal decision-maker—the guardian or informal decision-maker;

(d) the relevant service provider to which an existing containment or seclusion approval applies.

(4) However, the chief executive is not required to give a copy of the amended plan to a person who is an informal decision-maker for the adult if—

(a) the chief executive is not, and could not reasonably be expected to be, aware the person is an informal decision-maker for the adult; or

(b) after taking all reasonable steps, the chief executive can not locate the person.

(5) As soon as practicable after making the decision mentioned in subsection (1) , the chief executive must give a prescribed notice to—

(a) if the chief executive was required to decide whether a change should be made because of a request made by a relevant service provider—the relevant service provider; or

Note—

If the chief executive decides the change should not be made and the relevant service provider is dissatisfied with the decision, the relevant service provider could apply to the tribunal under the GAA, section 80ZA for review of the existing containment or seclusion approval.

(b) if the chief executive was required to decide whether a change should be made because the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 , or is a forensic disability client—

(i) the relevant director; and

(ii) the relevant service provider to which an existing containment or seclusion approval applies.

(6) In this section—


"GAA application" means an application to the tribunal for—

(a) the giving of a new containment or seclusion approval; or

(b) review of an existing containment or seclusion approval.

"prescribed notice" means a notice stating the chief executive’s decisions about—

(a) whether a change should be made to the positive behaviour support plan for the adult; and

(b) if the chief executive decides a change should be made—whether the change requires the making of a GAA application.

"relevant director" means—

(a) if the adult is a forensic disability client—the director of forensic disability; or

(b) otherwise—the chief psychiatrist.