DISABILITY SERVICES ACT 2006 - SECT 171
Using chemical, mechanical or physical restraint, or restricting access, before decision on short term approval
DISABILITY SERVICES ACT 2006 - SECT 171
Using chemical, mechanical or physical restraint, or restricting access, before decision on short term approval
171 Using chemical, mechanical or physical restraint, or restricting access,
before decision on short term approval
(1) A relevant service provider may use chemical, mechanical or physical
restraint on, or restrict access of, an adult with an intellectual or
cognitive disability if—
(a) the relevant service provider has asked the
chief executive, in writing, for an approval under section 178to use the
restrictive practice in relation to the adult and the request has not been
decided; and
(b) 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
(c) a positive behaviour support plan or a respite/community access plan
for the adult is being implemented.
(2) However, the relevant
service provider may only use the restrictive practice until the earlier of
the following—
(a) the relevant service provider is given notice about the
chief executive’s decision on the request;
(b) 30 days after the relevant
service provider asks for the short term approval.
(3) It is not necessary to
obtain the adult’s consent to the use of a restrictive practice under this
section.