DISABILITY SERVICES ACT 2006 - SECT 218 Immunity from liability—division 2 service provider

DISABILITY SERVICES ACT 2006 - SECT 218

218 Immunity from liability—division 2 service provider

(1) A division 2 service provider is not civilly or criminally liable for locking gates, doors or windows if—

(a) the division 2 service provider acts honestly and without negligence; and

(b) the division 2 service provider keeps and implements a policy about the locking of gates, doors and windows that is consistent with the department’s policy about the locking of gates, doors and windows; and

(c) the gates, doors or windows are locked in compliance with the policy; and

(d) the division 2 service provider takes reasonable steps to minimise the impact of locking the gates, doors or windows on a person living at the premises who is not an adult with a skills deficit.

(2) Subsection (1) applies to the extent the locking of the gates, doors or windows prevents the free exit from the premises of—

(a) an adult with a skills deficit; or

(b) any other person living at the premises, other than an adult with an intellectual or cognitive disability who is contained within the meaning of part 6 .

(3) In this section—


"keep and implement" , for a policy, means—

(a) prepare the policy and keep it up to date; and

(b) when providing disability services or NDIS supports or services, implement and comply with the procedures and other matters stated in the policy; and

(c) keep a copy of the up-to-date policy at the premises.