DISABILITY SERVICES ACT 2006 - SECT 190 Immunity from liability—individual acting for relevant service provider

DISABILITY SERVICES ACT 2006 - SECT 190

190 Immunity from liability—individual acting for relevant service provider

(1) This section applies to an individual who, acting for a relevant service provider, uses a restrictive practice in relation to an adult with an intellectual or cognitive disability.

(2) The individual is not criminally or civilly liable for using the restrictive practice if the individual acts honestly and without negligence in compliance with—

(a) if the restrictive practice is used under section 151 —

(i) the containment or seclusion approval for the adult; and

(ii) either—

(A) if the containment or seclusion for the adult is given as an interim order under the GAA, section 80ZR —the terms of the order; or

(B) otherwise—the positive behaviour support plan for the adult; or

(b) if the restrictive practice is used under section 152 —

(i) the consent of a guardian for a restrictive practice (respite) matter for the adult; and

(ii) the respite/community access plan for the adult; or

(c) if the restrictive practice is used under section 153 or 170 —the relevant short term approval; or

(d) if the restrictive practice is used under section 154 or 171 —the positive behaviour support plan or respite/community access plan for the adult; or

(e) if the restrictive practice is used under section 166 —

(i) the positive behaviour support plan for the adult; and

(ii) either—

(A) a containment or seclusion approval for the adult; or

(B) the consent of a relevant decision-maker for the adult within the meaning of section 166 ; or

(f) if the restrictive practice is used under section 167 —

(i) the respite/community access plan for the adult; and

(ii) the consent of a relevant decision-maker (respite) for the adult; or

(g) if the restrictive practice is used under section 168 —the consent of a relevant decision-maker (respite) for the adult; and

(h) if the restrictive practice is used under section 169 —

(i) the existing consent for the adult under that section; and

(ii) the positive behaviour support plan or respite/community access plan for the adult.

(3) For subsection (2) , the individual is taken to be acting in compliance with an approval, consent or plan mentioned in the subsection if the individual reasonably believes he or she is acting in compliance with the approval, consent or plan.