DISABILITY SERVICES ACT 2006 - SECT 173 Requirements for development of positive behaviour support plan—assessment and consultation

DISABILITY SERVICES ACT 2006 - SECT 173

173 Requirements for development of positive behaviour support plan—assessment and consultation

(1) This section states the requirements with which the relevant service provider must comply in developing a positive behaviour support plan for the adult.

(2) The relevant service provider must—

(a) ensure the adult is assessed; and

Note—

See section 148 for requirements about the assessment of the adult.

(b) if the provider is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —ensure the authorised psychiatrist responsible for treating the adult under that Act is given the opportunity to participate in the development of the positive behaviour support plan; and

(c) if the provider is aware the adult is a forensic disability client—ensure a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 is given the opportunity to participate in the development of the positive behaviour support plan; and

(d) consult with, and consider the views of, the following—

(i) the adult;

(ii) any guardian or informal decision-maker for the adult;

(iii) any other relevant service provider providing disability services or NDIS supports or services to the adult;

(iv) another person considered by the provider to be integral to the development of the plan; and

Example—

a family member who is part of the adult’s support network, a key health care provider or an advocate for the adult

(e) have regard to a model positive behaviour support plan.

(3) Also, if the relevant service provider proposes to use chemical restraint, the relevant service provider must—

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

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

(i) the findings and theories of the person who assessed the adult 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 in conjunction with the use of the chemical restraint 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.

(4) The positive behaviour support plan may provide for the use of mechanical or physical restraint only if the use is supported by the recommendations of the person who assessed the adult.