DISABILITY SERVICES ACT 2006 - SECT 169
Using chemical, mechanical or physical restraint, or restricting access, if consent ended
DISABILITY SERVICES ACT 2006 - SECT 169
Using chemical, mechanical or physical restraint, or restricting access, if consent ended
169 Using chemical, mechanical or physical restraint, or restricting access,
if consent ended
(1) This section applies if—
(a) the guardian for a restrictive practice
matter for an adult with an intellectual or cognitive disability is the public
guardian; and
(b) the public guardian has given consent (the
"existing consent" ) to the use of a restrictive practice, other than
containment or seclusion, in relation to the adult.
(a) at least 30 days before the existing consent ends, the relevant
service provider asks the public guardian, in writing, to consent to the use
of the restrictive practice in relation to the adult; and
(b) at the time the
existing consent ends, the public guardian has not decided whether to give the
consent; and
(c) use of the restrictive practice—
(i) is necessary to
prevent the adult’s behaviour causing harm to the adult or others; and
(ii)
is the least restrictive way of ensuring the safety of the adult or others;
and
(iii) complies with the existing consent and the positive behaviour
support plan or respite/community access plan for the adult.
(3) However, the
relevant service provider may only use the restrictive practice under this
section until the earlier of the following—
(a) the public guardian gives
the relevant service provider notice about the public guardian’s decision
whether to give the consent;
