DISABILITY SERVICES ACT 2006 - SECT 172 Application of sdiv 2

DISABILITY SERVICES ACT 2006 - SECT 172

172 Application of sdiv 2

This subdivision applies if—

(a) a relevant service provider proposes to use chemical, mechanical or physical restraint on, or restrict access of, an adult with an intellectual or cognitive disability, other than—

(i) under a short term approval; or

(ii) in the course of providing respite services or community access services to the adult; and

(b) the adult is not the subject of a containment or seclusion approval; and

Note—

If the adult is the subject of a containment or seclusion approval, and the adult’s positive behaviour support plan does not provide for the relevant service provider’s use of the restrictive practice mentioned in paragraph (a) , the relevant service provider must—

(a) ask the chief executive to change the positive behaviour support plan to provide for the relevant service provider’s use of the restrictive practice (see division 3 , subdivision 3 ); and

(b) apply to the tribunal for the making or review of a containment or seclusion approval in relation to the relevant service provider’s use of the restrictive practice.

(c) the relevant service provider does not propose to contain or seclude the adult in addition to using the restrictive practice mentioned in paragraph (a) .