DISABILITY SERVICES ACT 2006 - SECT 255
Immunity for individual acting for relevant service provider
DISABILITY SERVICES ACT 2006 - SECT 255
Immunity for individual acting for relevant service provider
255 Immunity for individual acting for relevant service provider
(1) This
section applies to an individual who, acting for a relevant service provider
during the transitional period, 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—
(a) the
individual acts honestly and without negligence; and
(b) use of the
restrictive practice is necessary, or the individual reasonably believes use
of the restrictive practice is necessary, to prevent the adult’s behaviour
causing harm to the adult or others.
(3) Subsection (2)(b) does not apply if
the restrictive practice is chemical restraint (fixed dose) used in the course
of providing respite services to the adult.
