DISABILITY SERVICES ACT 2006 - SECT 178
Short term approval for use of restrictive practices other than containment or seclusion
DISABILITY SERVICES ACT 2006 - SECT 178
Short term approval for use of restrictive practices other than containment or seclusion
178 Short term approval for use of restrictive practices other than
containment or seclusion
(1) This section applies if a relevant
service provider asks the chief executive for approval to use a restrictive
practice, other than containment or seclusion, in relation to an adult with an
intellectual or cognitive disability.
(2) The chief executive may give the
approval only if the chief executive is satisfied—
(a) the adult is not the
subject of a containment or seclusion approval; and
(b) the adult has
impaired capacity for making decisions about the use of restrictive practices
in relation to the adult; and
(c) either—
(i) there is no guardian for a
restrictive practice (general) matter for the adult; or
(ii) there is a
guardian for a restrictive practice (general) matter for the adult but the
guardian has neither given, nor refused to give, consent to the relevant
service provider to use the restrictive practice in relation to the adult; and
Note—
It is not necessary to obtain the adult’s consent to the use of a
restrictive practice under a short term approval. See section 170.
(d)
there is an immediate and serious risk that, if the approval is not given, the
adult’s behaviour will cause harm to the adult or others; and
(e) use of
the restrictive practice is the least restrictive way of ensuring the safety
of the adult or others; and
(f) if the restrictive practice is chemical
restraint—the relevant service provider has consulted with, and considered
the views of, the adult’s treating doctor.
(3) If the chief executive has
previously given an approval under this section in relation to the adult, the
chief executive may give the approval only if satisfied exceptional
circumstances justify giving a subsequent approval under this section.
(4) In
deciding whether to give the approval, the chief executive must, unless it is
not practicable in the circumstances, consult with and consider the views of
the following persons about the proposed use of the restrictive practice—
(a) the adult, or a guardian or informal decision-maker for the adult;
(b) if
the chief executive is aware the adult is subject to a forensic order,
treatment support order or treatment authority under the
Mental Health Act 2016—the authorised psychiatrist responsible for treating
the adult under that Act;
(c) if the chief executive is aware the adult is a
forensic disability client—a senior practitioner responsible for the care
and support of the adult under the Forensic Disability Act 2011.
(5) The
chief executive must, as soon as practicable after deciding whether to give
the approval, give the relevant service provider notice of the decision,
including, if the approval is given—
(a) the conditions to which it is
subject; and
(b) the period for which it has effect.
(6) The chief executive
may give the approval subject to the conditions the chief executive considers
appropriate.
(7) Also, the chief executive must, within 7 days after deciding
whether to give the approval, give notice of the decision to the following
persons—
(a) the public guardian;
(b) any person consulted by the chief
executive under subsection (4) .
(8) A notice for subsection (5) must state
each of the following—
(c) the chief executive’s decision, including,
if the approval is given—
(i) the terms of the approval; and
(ii) the chief
executive’s reasons for giving the approval.
(9) An entity given notice
under subsection (5) or (7) of a decision of the chief executive to give, or
refuse to give, the approval may apply, as provided under the QCAT Act , to
the tribunal for a review of the decision.
