DISABILITY SERVICES ACT 2006 - SECT 176
Requirement for relevant service provider to notify guardian
DISABILITY SERVICES ACT 2006 - SECT 176
Requirement for relevant service provider to notify guardian
176 Requirement for relevant service provider to notify guardian
(1) This
section applies if—
(a) a relevant service provider is required under
section173(2) or 175(3) to consult the authorised psychiatrist responsible for
treating the adult under the Mental Health Act 2016, or senior practitioner
responsible for the care and support of the adult under the
Forensic Disability Act 2011; and
(b) the psychiatrist, or senior
practitioner, does not agree with the use of a restrictive practice provided
for in the positive behaviour support plan for the adult.
(2) As soon as
practicable after consulting the authorised psychiatrist or senior
practitioner, the relevant service provider must notify a relevant
decision-maker for the adult about the psychiatrist’s or senior
practitioner’s views regarding use of the restrictive practice.
(3) In this
section—
"consult" , the authorised psychiatrist responsible for treating the adult
under the Mental Health Act 2016, or senior practitioner responsible for the
care and support of the adult under the Forensic Disability Act 2011,
includes give the psychiatrist, or senior practitioner, an opportunity to
participate in the development of a positive behaviour support plan.
"relevant decision-maker" , for the adult, means—
(a) a guardian for a
restrictive practice (general) matter for the adult; or
(b) if the only
restrictive practice provided for in the positive behaviour support plan for
the adult is restricting access and there is no guardian for a restrictive
practice (general) matter for the adult—an informal decision-maker for the
adult.
