152Admission to a residential treatment facility

152 Admission to a residential treatment facility

(1) A person with a disability may only be admitted to a residential treatment facility if the Secretary is satisfied that—

(a) the person has an intellectual disability; and

(b) the person presents a serious risk of violence to another person; and

(c) all less restrictive options have been tried or considered and are not suitable; and

S. 152(1)(d) amended by No. 9/2023 s. 111(1)(a).

(d) the residential treatment facility can provide services for the treatment of the person with a disability and that treatment is suitable for that person having regard to the person's willingness to engage in and benefit from the treatment; and

S. 152(1)(e) substituted by No. 9/2023 s. 111(1)(b).

(e) the person is able to engage in the therapeutic environment at the residential treatment facility; and

S. 152(1)(f) substituted by No. 9/2023 s. 111(1)(c).

(f) the admission of the person to the residential treatment facility is appropriate having regard to—

(i) the level of vulnerability of the person; and

(ii) any risks the person presents to other residents of the residential treatment facility; and

(iii) the compatibility of the person with other residents of the residential treatment facility.

S. 152(1A) inserted by No. 9/2023 s. 111(2).

(1A) For the purpose of making a decision under this section, the Secretary must arrange for the person to undergo an assessment.

S. 152(1B) inserted by No. 9/2023 s. 111(2).

(1B) A person must not be admitted to a residential treatment facility unless—

(a) the Secretary has consulted and considered any advice of the Senior Practitioner about the suitability of the treatment to be provided to the person at the residential treatment facility; and

(b) an order specified in subsection (2) applies to the person enabling compulsory treatment to be provided.

S. 152(2) amended by No. 9/2023 s. 111(3)(a).

(2) For the purposes of subsection (1B)(b), the following orders are specified—

(a) a residential treatment order made under the Sentencing Act 1991;

(b) a parole order made under the Corrections Act 1986;

S. 152(2)(c) amended by No. 55/2014 s. 146.

(c) a custodial supervision order made under section 26 or 38ZH of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997;

(d) an order transferring the person from a prison under section 166;