56Use of unauthorised restrictive practice not permitted

56 Use of unauthorised restrictive practice not permitted

(1)  A disability services provider must ensure that a type of restrictive practice is not used in relation to a person with disability unless –

(a) there is in force –

(i) an authorisation under section 52 or section 58(1)(g) for the use of the type of restrictive practice in relation to the person; or

(ii) an authorisation under the Mental Health Act 2013 or the Guardianship and Administration Act 1995 for the use of the type of restrictive practice in relation to the person; and

(b) the restrictive practice is used in accordance with any conditions or limitations specified in the authorisation; and

(c) the restrictive practice does not contravene a direction, if any, given under section 59 in relation to the use of the restrictive practice in relation to the person.

Penalty:  Fine not exceeding 200 penalty units.

(2)  It is a defence in proceedings for an offence under subsection (1) if the defendant establishes that –

(a) the use of the restrictive practice in relation to the person with disability was required to protect the person with disability, or another person, from harm, that was both serious and imminent; and

(b) the restrictive practice used was the least intrusive type of restrictive practice that would have protected the person with disability, or another person, from harm, that was both serious and imminent; and

(c) the Senior Practitioner was notified by the defendant within 5 business days after the restrictive practice was used.