DISABILITY SERVICES ACT 2006 - SECT 192 Requirement to give information to guardian or informal decision-maker

DISABILITY SERVICES ACT 2006 - SECT 192

192 Requirement to give information to guardian or informal decision-maker

(1) This section applies if—

(a) a relevant service provider seeks consent from a substitute decision-maker for an adult to use a restrictive practice in relation to the adult; and

(b) the restrictive practice is not chemical restraint (fixed dose) used under section 168 in the course of providing respite services to the adult.

(2) To enable the substitute decision-maker to make an informed decision about the use of a restrictive practice other than in the course of providing respite services or community access services to the adult, the relevant service provider must give the substitute decision-maker each of the following—

(a) the positive behaviour support plan for the adult;

(b) any assessment or other information used to develop or change the plan;

(c) if the relevant service provider is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the terms of the order or authority.

(3) To enable the substitute decision-maker to make an informed decision about the use of a restrictive practice in the course of providing respite services or community access services to the adult, the relevant service provider must give the substitute decision-maker—

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

(b) any information used to develop the plan.

(4) If the relevant service provider, acting honestly and without negligence, gives the information to the substitute decision-maker, the relevant service provider is not liable, civilly, criminally or under an administrative process, for giving the information.

(5) Also, merely because the relevant service provider gives the information, the relevant service provider can not be held to have—

(a) breached any code of professional etiquette or ethics; or

(b) departed from accepted standards of professional conduct.

(6) Without limiting subsections (4) and (5) —

(a) in a proceeding for defamation, the relevant service provider has a defence of absolute privilege for publishing the information; and

(b) if the relevant service provider would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the relevant service provider—

(i) does not contravene the Act , oath or rule of law or practice by giving the information; and

(ii) is not liable to disciplinary action for giving the information.

(7) This section does not limit the GAA, section 44 .

Note—

The GAA, section 44 enables a guardian to obtain all information the adult would have been entitled to if the adult had capacity and that is necessary for the guardian to make informed decisions.

(8) In this section—


"information" includes a document.


"substitute decision-maker" , for an adult, means a guardian for a restrictive practice matter, or an informal decision-maker, for the adult.

Note—

A guardian or informal decision-maker who gains confidential information is subject to confidentiality requirements under the GAA. See the GAA, section 249 for guardians and section 80ZT for informal decision-makers.