DISABILITY SERVICES ACT 2006 - SECT 257 Circumstances in which subdivision stops applying

DISABILITY SERVICES ACT 2006 - SECT 257

257 Circumstances in which subdivision stops applying

(1) This section provides for the circumstances in which this subdivision stops applying to the use of a restrictive practice by a relevant service provider in relation to an adult with an intellectual or cognitive disability.

(2) If the restrictive practice is not used in the course of providing respite services or community access services to the adult, the circumstances are—

(a) for a restrictive practice considered by the tribunal—the tribunal gives, or refuses to give, an approval under the Guardianship and Administration Act 2000, section 80V or 80X authorising the relevant service provider to use the restrictive practice in relation to the adult; or

(b) for chemical, mechanical or physical restraint—a guardian for a restrictive practice (general) matter for the adult gives, or refuses to give, consent to use of the restrictive practice by the relevant service provider; or

(c) for restricting access—a guardian for a restrictive practice (general) matter, or an informal decision-maker, for the adult gives, or refuses to give, consent to use of the restrictive practice by the relevant service provider.

(3) If the restrictive practice is used in the course of providing respite services or community access services to the adult, the circumstances are a guardian for a restrictive practice (respite) matter, or an informal decision-maker, for the adult gives, or refuses to give, consent to use of the restrictive practice by the relevant service provider.