DISABILITY SERVICES ACT 2006 - SECT 258 Requirements for department’s policy about use of restrictive practices during transitional period

DISABILITY SERVICES ACT 2006 - SECT 258

258 Requirements for department’s policy about use of restrictive practices during transitional period

(1) The department must have a policy about use of each type of restrictive practice during the transitional period.

(2) The policy must outline the procedures a relevant service provider must use to—

(a) if the relevant service provider is required to comply with section 254—assess an adult with an intellectual or cognitive disability; and

(b) ensure an individual acting for the relevant service provider who uses the restrictive practice in relation to the adult—

(i) has sufficient knowledge of the requirements for lawful use of the restrictive practice; and

(ii) has the skills and knowledge required to use the restrictive practice appropriately; and

(c) monitor use of the restrictive practice to safeguard against abuse, neglect or exploitation; and

(d) review use of the restrictive practice at least once every 9 months; and

(e) if the policy is about restricting access—minimise the impact on other persons living at the premises.

(3) Subsection (2) does not limit the matters that may be stated in the policy.

(4) The policy must ensure appropriate regard is had to linguistic and cultural diversity and Aboriginal tradition and Island custom.

Editor’s note—

For definitions
"Aboriginal tradition" and
"Island custom" , see the Acts Interpretation Act 1954 , schedule 1 .

(5) The chief executive must keep a copy of the policy available for inspection free of charge by relevant service providers at—

(a) the department’s head office and regional offices; and

(b) other places the chief executive considers appropriate.

(6) Also, the chief executive must publish the policy on the department’s website on the internet.

(7) This section stops applying on the day after the transitional period ends.